Procedures Manual

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Procedures Manual


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The purpose of the Procedures Manual is to provide guidance and consistency when filing documents with the Court.  Although filing requirements and references to the Bankruptcy Code and/or Rules may be provided for some topics, this manual should not be relied upon exclusively by the user. The Bankruptcy Code and/or Rules should be consulted.

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Instructions for filing documents

 

Adversary

Agreed Consent to Judgment

Official Procedure Last Change September 15, 2014

Agreed Consent to Judgment

How to file:

Location of event: Adversary > Resolution (Dismissal/Judgment) & Post-Judgment Matters > Agreed Consent to Judgment (Resolves an Adversary Proceeding)

Things to be aware of when filingThe agreement must be titled Agreed Consent to Judgment, not Agreed Judgment, and must not contain order or judgment language such as "it is ordered" or "it is adjudged," nor findings of the court, nor a place for the judge's signature.

General Information

  • This event should be used to obtain court approval of an agreement that disposes of a pending adversary proceeding.
  • A separate judgment that approves the agreement will be entered by the Court, which will appear in a separate docket entry.

See more information on resolutions of adversary proceedings

Filing requirements

  • The document must be signed by all parties to the agreement.
  • The agreement must be titled Agreed Consent to Judgment, not Agreed Judgment.
  • The agreement must not contain order or judgment language, such as "it is ordered" or "judgment is hereby entered," nor a place for the judge's signature.
  • The agreement must not contain findings of the court, for instance,  that the agreement is fair and equitable, was negotiated at arms’ length, or is in the best interests of the parties.
  • A separate proposed judgment that incorporates the terms of the agreement must be uploaded. If the judgment relates to a request to avoid a wholly unsecured mortgage or lien, it must state both the common address and legal description of the affected property.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Resolution (Dismissal/Judgment) & Post-Judgment Matters.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Agreed Consent to Judgment (Resolves an Adversary Proceeding) from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select all parties that have signed off on the agreement. If a party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. Only check the box to create an association if the party is represented by the attorney shown. The warning box that pops up if no box is checked can be safely ignored.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Select the appropriate radio button relating to the dismissal of the adversary and click Next.

10. If you answered Yes in the above step, an objection deadline is calculated and displayed if the adversary is seeking revocation or denial of discharge. Click Next.

11. Select prefix text, if applicable, and click Next.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Amended Adversary Complaints

Official Procedure Last Change April 25, 2014

Amended Adversary Complaints

How to file:

Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Amended Complaint

Things to be aware of when filing: A motion for leave to amend complaint may be required as well - consult FRBP 7015 to determine this.

  • FRBP 7015, 7025

General Information

Consult FRBP 7015 to determine when a Motion for Leave to Amend Complaint may need to be filed before the filing on an amended complaint.

Filing requirements

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Amended Complaint from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

6. Browse to attach the document to be filed (pdf file). Click Next.

7. Check the box next to the complaint that you are amending and click Next.

8. Select the appropriate radio button to indicate whether your Amended Complaint is seeking to add a new plaintiff or defendant and click Next.

9. Final docket text is displayed. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Answer in an Adversary Case

Official Procedure Last Change December 1, 2019

Answer in an Adversary Case

How to file:

Location of event: Adversary > Answers & Defendant's Initial Pleadings > Answers

Things to be aware of when filing: If defendant is not an individual, the answer must be accompanied or preceded by a corporate ownership.

  • FRBP 7012
  • FRCP 5

General Information

  • An Answer is a formal written statement made by a defendant setting forth the grounds for his defense.
  • The Defendants have 30 days from the date of issuance of the Summons to file an answer.  Defendants who are part of the U.S. government have 35 days from the date of issuance of the Summons to file an answer.

Filing requirements

  • Per Clerk's Notice of 2/15/11, a Statement of Corporate Ownership must be filed if the Defendant is not an individual or a governmental unit, unless the defendant is the debtor.
  • The Answer must contain a Certificate of Service.
  • The Answer must include a statement indicating whether the filer does or does not consent to a final order or judgment being entered by the Bankruptcy Judge.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Answers & Defendant's Initial Pleadings > Answers.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

6. Select document the Answer is related to and click Next.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Check the appropriate box if this filing includes a third-party complaint, cross-claim, and or counterclaim, and ensure the complaint that you are answering is selected. Click Next.

9. Final docket text is displayed. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Application for Entry of Default by Clerk

Official Procedure Last Change June 6, 2016

Application for Entry of Default by Clerk

How to file:

Location of event: Adversary > Motions & Briefs > Default by Clerk, Application for Entry of

Things to be aware of when filingAn Affidavit must accompany the Application (or be included in it). The Affidavit must include Penalty of Perjury language.

 

  • FRBP 7055(b)(1), 9024
  • S. D. Ind B-7055-1

 

General Information

  • If a plaintiff wishes to seek entry of a default judgment, an Application for Entry of Default by Clerk must first be filed.
  • Once the clerk has entered the Entry of Default, a Motion for Default Judgment can be filed for consideration by the judge. 

Filing requirements

  • The Application must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • Judge Lorch cases only: If the adversary proceeding has multiple defendants, separate applications must be filed for each defendant.
  • It is not necessary to upload a proposed order.
  • An Affidavit must accompany the Application (or be included in it). If not included at the time of filing of the Application, the affidavit may be filed separately using the Affidavit event (which can be found at Adversary > Motions & Briefs). The Affidavit must state that the defendant:
    • has failed to plead or otherwise defend;
    • is not protected by the Servicemembers Civil Relief Act of 2003; and
    • is not a minor or incompetent person.
  • The Affidavit must contain Penalty of Perjury language. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Default by Clerk, Application for Entry of from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Application you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. If you attached the Affidavit in step 9 (or if it is included in the Application), select the Affidavit is attached to this event radio button. If you are planning
to file the affidavit later, select the Affidavit will be filed as a separate event radio button. Click Next.

11. If you indicated in step 5 that you are filing an amended application, select the application that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Denial or Revocation of Discharge

Official Procedure Last Change December 29, 2015

Denial or Revocation of Discharge

  • USC 727, 1144, 1228(d), 1328(e), (f)

  • FRBP 4004, 7001(4)

General Information

In general, a party wishing to seek the denial or revocation of the debtor's discharge must do so by means of an adversary proceeding. Exceptions to this include:

  • If the trustee had previously filed and been granted a Motion to Compromise and/or Settle under Rule 9019 which contained terms indicating that the debtor's discharge be revoked or denied should the debtor default on the terms set out in the Motion.
  • The filing of a Motion Objecting to Discharge for the reason that the debtor is ineligible for a discharge because the current case was filed too soon after receiving a discharge in another case.

See separate procedure for information on getting the discharge reinstated once it has been revoked.

Filing requirements

The filing party must upload a proposed order or judgment. If seeking revocation of discharge, the order/judgment must use "revoke" as the operative verb rather than another term such as "rescind" (which term refers only to reversing orders entered in error).

Discovery materials

Official Procedure Last Change November 18, 2015

Filing of Discovery Materials

How to file:

Location of event: Bankruptcy > Notices & Certifications > Notice of Submission

Things to be aware of when filing: Discovery materials (whether discovery requests, responses, or deposition transcripts) generally should not be filed with the court.

General Information

Discovery materials (whether discovery requests, responses, or deposition transcripts) generally should not be filed with the court, except in the circumstances described in S. D. Ind. B-7005-2.

To file discovery materials pursuant to the limited circumstances described in that rule, the Notice of Submission event should be used.

Note that separate events are available for the following discovery-related documents: (Click each link for corresponding filing instructions)

Dismissal of Adversary Proceedings or parties/counts

Dismissal of Adversary Proceedings or parties/counts therein

Request to dismiss adversary is being filed on behalf of:

Dismissal of Adversary Proceedings or parties/counts (request filed by plaintiff)

Official Procedure Last Change March 17, 2017

Dismissal of Adversary Proceedings or parties/counts therein (request filed by plaintiff alone or jointly with defendant)

 See separate procedure if the defendant alone is seeking to dismiss an adversary case.

How to file:

Location of event:

Things to be aware of when filingStipulation of Dismissal: You must select both plaintiff and defendant from the party select screen (even though only one party is actually filing the document). Hold down the Ctrl key to select more than one party.

 

General Information

  • Notice of Dismissal. Fed.R.Bankr.P. 7041 permits the plaintiff to withdraw a complaint, prior to a defendant’s filing of an answer or motion for summary judgment, by filing a notice of dismissal. The notice of dismissal concludes the adversary proceeding, with no further order from the Court. If a defendant has answered or moved for summary judgment, the plaintiff cannot use the notice of dismissal to terminate the adversary proceeding but instead must file either a stipulation of dismissal or a motion to dismiss. The notice of dismissal should be served on the defendant.  If the proceeding is a 727 Objection to/Revocation of Discharge, then the notice of dismissal should also be sent to the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7024.  
  • Stipulation of Dismissal. Fed.R.Bankr.P. 7041 also permits the parties to file a stipulation of dismissal. This stipulation concludes the adversary proceeding, with no further Court order. A ”joint motion to dismiss” should be filed as a stipulation of dismissal. If the stipulation of dismissal includes conditions precedent or subsequent, it should be filed as an agreed consent to judgment. If the proceeding is a 727 Objection to/Revocation of Discharge, the Stipulation must be sent to the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7024.
  • Motion to Dismiss. The plaintiff’s motion to dismiss after defendant’s answer or summary judgment request requires service on the other parties in the adversary proceeding, or, if the proceeding is a 727 Objection to/Revocation of Discharge, on the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7024. A Court order granting the motion is also required. If the Motion seeks to dismiss a party/parties, and not the entire adversary proceeding, the Motion to Dismiss Party event must be used.
  • An Appearance, filed by any attorney for the moving party, must be filed as a separate event. If an Appearance is not filed, the court will issue a Notice of Deficient filing and any further notice to be issued by the court or Order Granting will be held by the court until the deficiency is cured. If the deficiency is not cured, the original entry may be stricken from the record.

See more information on resolutions of adversary proceedings

Filing requirements

  • The document must be signed by all parties to the agreement.
  • The document must not contain order or judgment language, such as "it is ordered" or "judgment is hereby entered," nor a place for the judge's signature.
  • Filing party is responsible for uploading a proposed order.
  • A certificate of service must be included with motions to dismiss adversary proceeding, with all notices of dismissal, and with stipulations of dismissal if the adversary is a 727 action. 

Step-by-Step Instructions to file Notice or Stipulation of Dismissal

1. Log into CM/ECF.

2. Select Adversary > Resolution (Dismissal/Judgment) & Post-Judgment Matters.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Dismissal Notice re: Adversary Proceeding, Party, or Count or Dismissal Stipulation re: Adversary Proceeding, Party, or Count from the event list and click Next.

5. Do not check the box to indicate that you are filing jointly with another attorney. Just click Next.

6. Click to highlight the Party. The plaintiff is always a filing party. The defendant should also be selected if you are filing a Stipulation of Dismissal (hold down the Ctrl key to select more than one party). Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create any associations that apply. DO NOT check any boxes that do not apply. If none apply, do not check any boxes - in that case, when you click Next, a warning message will appear telling you that you have not created an association. You may safely ignore the warning and click OK to continue.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Select appropriate radio button and click Next.

9. If you indicated that only a certain party was to be dismissed and not the entire adversary proceeding, select the party who is to be dismissed from the drop-down list and click Next.

10. 727 action cases only: Objection deadline is automatically calculated and displayed. Click Next.

11. Select prefix text, if applicable, and click Next.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Step-by-Step Instructions to file Motion to Dismiss

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Dismiss Adversary Proceeding or Count from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney, click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorneys and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Click to highlight the Party and click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create any associations that apply.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Select appropriate radio buttons and click Next.

11. If you indicated that the motion is being filed pursuant to Fed.R.Civ.P. 12(b)(6), you are asked whether you are attaching the brief along with the motion. Select the correct radio button and click Next.

12. If a brief is required and you indicated that the brief is not being filed at this time, the deadline for filing it is calculated and displayed. Click Next.

13. Enter date of service of motion (and brief, if applicable) - this may not be today's date. Click Next. Response date is calculated and displayed. Click Next. (This step is skipped if a brief is required but has not yet been filed.)

14. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

15. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. 

16. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion to Dismiss Adversary Case or counts therein filed by defendant

Official Procedure Last Change December 1, 2019

Motion to Dismiss Adversary Case or counts therein filed by defendant

See separate procedure if the plaintiff is seeking to dismiss an adversary case/party/count - either alone, or jointly with the defendant.

How to file:

Location of event: Adversary > Motions & Briefs > Dismiss Adversary Proceeding or Count

Things to be aware of when filingSpecific requirements for service of the Motion apply if filed on a 727 Objection to or Revocation of Discharge proceeding.

General Information

This motion is used by a defendant seeking the dismissal of the adversary case, or counts therein. See separate procedure if the plaintiff is seeking to dismiss an adversary case or party or count. If the Motion seeks to dismiss a party/parties, and not the entire adversary proceeding, the Motion to Dismiss Party event must be used.

Filing requirements

  • The Motion must be signed by the defendant or defendant's attorney.
  • A Certificate of Service showing service of the Motion on the plaintiff must be included.
  • If the proceeding is a 727 Objection to/Revocation of Discharge, then the Motion should also be sent to the US Trustee, any trustee, any counsel of record that have appeared (even if they only appeared in the legal case and not the adversary case, or vice versa), and any party intervening pursuant to FRBP 7024.
  • If the motion is being filed pursuant to Fed.R.Civ.P. 12(b)(6), an accompanying brief is required, or a motion seeking relief from the briefing requirement.
  • Pursuant to FRBP 7007.1(a), a Statement of Corporate Ownership must be filed if the Plaintiff is not an individual or a governmental unit, unless the defendant is the debtor.
  • It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Dismiss Adversary Proceeding or Count from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney, click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorneys and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Click to highlight the Party and click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create any associations that apply.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Select appropriate radio buttons and click Next.

11. If you indicated that the motion is being filed pursuant to Fed.R.Civ.P. 12(b)(6), you are asked whether you are attaching the brief along with the motion. Select the correct radio button and click Next.

12. If a brief is required and you indicated that the brief is not being filed at this time, the deadline for filing it is calculated and displayed. Click Next.

13. Enter date of service of motion (and brief, if applicable) - this may not be today's date. Click Next. Response date is calculated and displayed. Click Next. (This step is skipped if a brief is required but has not yet been filed.)

14. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

15. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. 

16. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

17. Upload proposed order.

Filing a New Adversary Complaint

Official Procedure Last Change December 1, 2019

Filing a New Adversary Complaint

For information on filing a Notice of Removal , see separate procedure.

General Information

  • A new Adversary Complaint filed with the Southern District of Indiana must include the following:
    • Adversary Complaint
    • A statement in the complaint indicating whether the filer does or does not consent to a final order or judgment being entered by the Bankruptcy Judge
    • Adversary Cover Sheet (not required if the Adversary Complaint is filed electronically)
    • Pursuant to FRBP 7007.1(a), a Statement of Corporate Ownership must be filed if the Plaintiff is not an individual or a governmental unit, unless the defendant is the debtor.
    • Adversary filing fee

Exceptions to the fee requirement:

  • No fee is required if the Adversary is filed by a Chapter 7 or 13 Debtor, the US Trustee, or a US Government Agency.
  • Chapter 11 and 12 debtors are exempt from the fee if their adversary seeks to determine dischargeability of a debt.
  • Chapter 11 and 12 debtors filing any other type of adversary can have the fee deferred if they file an Affidavit stating that no liquid funds are currently available from the bankruptcy estate to pay the fee, and send an e-mail to nofee@insb.uscourts.gov. Upon completion of the event, select Continue Filing from the credit card pop-up screen. Do not pay your outstanding fees. The court will review the filing and notify you by return e-mail if the fee has been removed or if the fee must be paid.
  • If Adversary is filed by the Trustee, the filing fee is required but may be deferred.
  • Child Support Creditors are exempt from the filing fee. In order to obtain the exemption, Official Form B 2810 must be filed and an e-mail sent to nofee@insb.uscourts.gov. Upon completion of the event, select Continue Filing from the credit card pop-up screen. Do not pay your outstanding fees. The court will review the filing and notify you by return e-mail if the fee has been removed or if the fee must be paid.
  • The Bankruptcy Court Clerk’s office does not mail the summons and pretrial orders to plaintiff’s attorney. Plaintiff’s attorney must print the summons and order, if any, from the e-mail link on the Notice of Electronic filing when the summons and/or pretrial order is docketed in ECF or by logging-in and viewing the docket from the PACER web site.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > File New Adversary Complaint.

3. Ensure that the Complaint radio button is selected and click Next.

4. Enter Bankruptcy Lead Case Number (in the format xx-xxxxx).

5. Leave Association type set to Adversary, click Next.

6. The division to which the adversary will be assigned is displayed. Click Next.

7. Enter Social Security Number or Tax ID of plaintiff, if known, or enter last/ business name and click Search.

8. If the plaintiff is shown in the Party search results box and is exactly correct (including the address), click to select that party and click Select name from list. Otherwise, click Create new party    See full instructions on how to create a new party

9. Select the role that the plaintiff has in the bankruptcy case from the drop down list and click Submit.

10. Repeat steps 7 - 9 as necessary for further plaintiffs. When all plaintiffs have been entered, click End Plaintiff Selection.

11. Enter Social Security Number or Tax ID of defendant, if known, or enter last/business name and click Search.

12. If the defendant is shown in the Party search results box and is exactly correct (including the address), click to select that party and click Select name from list. Otherwise, click Create new party    See full instructions on how to create a new party

Note: Attorneys for defendants cannot be added during adversary case opening, unless it is a Notice of Removal. Otherwise, defendant's attorneys must file an appearance in order to be added to an adversary case.

13. Select the role that the defendant has in the bankruptcy case from the drop down list and click Submit.

14. Repeat steps 11 - 13 as necessary for further defendants. When all defendants have been entered, click End Defendant Selection.

15. Select appropriate Party Code (i.e. US is a Plaintiff, US is a Defendant, or US not a Party).

16. Select appropriate option regarding Rule 23 Class Action (i.e. yes or no).

17. Select appropriate Jury Demand (i.e. None, Both, Defendant, or Plaintiff).

18. Enter Demand amount (stated in $000, to the nearest thousand. Example: Enter 6 for a demand of $6010.00). Note: Do not enter any demand amount if you are only seeking to determine dischargeability of an existing debt.

19. Select appropriate option regarding State Law (i.e. If case involve a substantive issue of State Law).

20. Select the Primary Nature of Suit from the drop-down list (repeat for Second through Fifth nature of suit if applicable). Click Next.

21. Review notice regarding Summons and Pretrial Order, click Next.

23. Browse to attach the Complaint to be filed (pdf file). Click Next.

24. Select the party filing complaint, click Next.

25. CM/ECF displays the fee due, if any. Click Next.

Note: If the fee information is incorrect, click the Internet Explorer Back button and verify party.

26. Click Next.

27. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Findings of Fact and Conclusions of Law

Official Procedure Last Change September 10, 2012

Findings of Fact and Conclusions of Law

General Information

The court may ask attorneys to submit proposed findings of fact and conclusions of law. These will be used by the court as the starting point for preparing a ruling.

Preparing proposed Findings of Fact and Conclusions of Law: Submitted by an Attorney

  • Proposed findings of fact and conclusions of law must be submitted by the deadline set by the court.
  • If additional time is needed, a motion for extension of time must be filed before the expiration of the deadline. The motion must indicate whether the opposing party or parties consent to an extension.
  • Each finding and conclusion should be numbered separately, and the document as a whole should be paginated.
  • Proposed findings of fact should be as objective as possible and should be a fair and accurate reflection of the evidence presented. The proposed conclusions of law are the appropriate place to advocate for your position.

Submitting proposed Findings of Fact and Conclusions of Law

Guidance for proper procedure for disposition of adversary proceedings

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF INDIANA

GUIDANCE ON PROPER PROCEDURE
FOR DISPOSITION OF ADVERSARY PROCEEDINGS

[updated August 2014]

Subject to the special requirements for actions seeking denial or revocation of discharge or proposed settlements involving a trustee, an adversary proceeding that does not go to trial or result in default judgment can be concluded in one of several ways:

Notice of Dismissal. Fed.R.Bankr.P. 7041 permits the plaintiff to withdraw a complaint, prior to a defendant’s filing of an answer or motion for summary judgment, by filing a "notice of dismissal." The notice of dismissal concludes the adversary proceeding, with no further order from the Court. If a defendant has answered or moved for summary judgment, the plaintiff cannot use the notice of dismissal to terminate the adversary proceeding but instead must file either a stipulation of dismissal or a motion to dismiss. The plaintiff’s motion to dismiss after defendant’s answer or summary judgment request requires notice to the other parties in the adversary proceeding and a Court order granting the motion. See Fed.R.Civ.P.41(a)(2).

Stipulation of Dismissal. Fed.R.Bankr.P. 7041 also permits the parties to file a "stipulation of dismissal." This stipulation also concludes the adversary proceeding, with no further Court order. As such, a stipulation of dismissal should contain no conditions precedent or subsequent, as that would more properly be an "agreed consent to judgment." A "joint motion to dismiss" should be filed as a stipulation of dismissal. Again, if the stipulation of dismissal includes conditions precedent or subsequent, it should be filed as an agreed consent to judgment.

Consent to Judgment. It is presumed that the parties want any agreement resolving the adversary proceeding to have the same effect as a judgment. Fed.R.Bankr.P. 9021 requires that "every judgment entered in an adversary proceeding or contested matter shall be set forth on a separate document." Therefore, parties wishing to memorialize an agreement are directed to file a "consent to judgment" signed by the parties to the agreement. The document should not contain order or judgment language nor a place for the judge’s signature. While the "judgment" may recite the terms of the parties’ agreement, it should not include any findings by the Court, e.g., that the agreement is fair and equitable, was negotiated at arms’ length, or is in the best interests of the parties. It also should not include any language indicating that the Court is retaining jurisdiction over the agreement or its enforcement.

A separate order entitled "judgment" should be submitted that approves the consent to judgment. See below for discussion of the additional requirements governing settlements of actions under § 727 or settlements with trustees.

Complaints to Deny or Revoke Discharge. Fed.R.Bankr.P. 7041 and S.D.Ind. L.R. B-7041-2 add special requirements for disposition of complaints to deny or revoke discharge under 11 U.S.C. §727. Any dismissal must be served on parties in accordance with the local rule. A notice of dismissal or stipulation of dismissal, if properly served in accordance with the local rule on the trustee, United States Trustee, and counsel of record in the bankruptcy case, will be held for twenty-one days. Parties receiving notice of the dismissal have an opportunity to object during that time. If no objection is filed, the adversary proceeding is closed. Any agreed consent to judgment (other than a settlement with the case trustee, which is discussed below) must also be properly served and the order approving same will not be entered until the twenty-one day objection period has passed.

Settlements with Trustees. Fed.R.Bankr.P. 9019 and S.D.Ind. L.R. B-9019-1 establish additional requirements for settlements with trustees or debtors-in-possession–which would include settlements of complaints to deny or revoke discharge. These requirements also apply to causes of action which are property of the estate but which are being pursued by an entity other than the trustee, such as a fraudulent conveyance action brought by the creditors’ committee.

Notice and opportunity for hearing on such settlements are required. The proper procedure is to file a motion to compromise and settle in the legal case, not the adversary proceeding. That pleading should only have the legal caption, as the body of the motion should contain the adversary proceeding information. As required by S.D.Ind.L.R. 9019-1, one of the parties to the settlement shall give notice of the opportunity to object in the legal case, and shall file a certificate of service. If no objection is filed, or if any objection is overruled, the Court will grant the motion in the legal. At that point the parties in the adversary proceeding will file in the adversary proceeding a notice of dismissal, stipulation of dismissal, or agreed consent to judgment–whatever is appropriate under the circumstances - pursuant to Fed.R.Bankr.P. 7041.

Intervenors and Motion to Intervene

Official Procedure Last Change May 31, 2016

Intervenors and Motion to Intervene

How to file:

Location of event: Adversary > Motions & Briefs > Intervene, Motion to

Things to be aware of when filingA party (other than a trustee) desiring to intervene in a proceeding must file a Motion to Intervene, which may only be filed in an adversary proceeding.

 

  • FRBP 2018

General Information

  • An intervenor is an individual or entity who is not already a party to an existing proceeding but who makes himself or herself a party either by joining with the plaintiff or uniting with the defendant in resistance of the plaintiff's claims.
  • This differs from an appearance, which is a request by an attorney to represent an existing party or creditor in a case or proceeding.
  • A party desiring to intervene in a proceeding must file a Motion to Intervene, using the instructions below. A trustee is not required to file this motion.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • It is not necessary to upload a proposed order - the court will prepare one. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Intervene, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

11. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion Pursuant to FRBP 7042

Official Procedure Last Change December 29, 2015

Motion Pursuant to FRBP 7042

How to file:

Location of event: Adversary > Motions & Briefs > Fed.R.Bankr.P. 7042, Motion Pursuant to

 

  • FRBP 7042

 

General Information

This event is used when seeking to consolidate two or more adversary proceedings, for trial purposes or other reasons. It is separate and distinct from a Motion to Consolidate, which applies to legal cases.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Fed.R.Bankr.P. 7042, Motion Pursuant to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

11. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Motion for Default Judgment

Official Procedure Last Change March 11, 2015

Motion for Default Judgment

How to file:

Location of event: Adversary > Motions & Briefs > Default Judgment, Motion for

Things to be aware of when filingAn Application for Entry of Default by Clerk must first be filed before a motion for default judgment can be filed.

 

 

General Information

  • If a defendant has failed to timely file an answer, to appear when summoned, or otherwise fail to plead, the plaintiff may file a request for a default judgment in their favor.
  • If a plaintiff wishes to seek entry of a default judgment, an Application for Entry of Default by Clerk must first be filed.
  • A default judgment will not be entered until the Clerk's Entry of Default has been docketed.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • A proposed default judgment must be uploaded. If the judgment relates to a request to avoid a wholly unsecured mortgage or lien, it must state both the common address and legal description of the affected property.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Default Judgment, Motion for from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

11. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed default judgment.

Motion for Interpleader Deposit

Official Procedure Last Change May 15, 2020

Motion for Interpleader Deposit

  • 28 USC 1335
  • FRBP 7067
  • S. D. Ind. 7067-1

General Information

Before filing a motion to interplead or deposit funds, contact the Clerk or the Court’s Financial Supervisor for information and directions.

If it is determined that a Motion for Interpleader Deposit is to be filed, it must contain a certification of the prior discussion with the Clerk or Financial  Supervisor. The Motion must be filed in an adversary proceeding.

To request disbursement of interpleader deposited funds, the Motion for Interpleader Disbursement event should be used.

Motion for Judgment on Pleadings

Official Procedure Last Change August 11, 2017

Motion for Judgment on Pleadings

How to file:

Location of event: Adversary > Motions & Briefs > Judgment on Pleadings Pursuant to FRCP 12(c), Motion for

 

  • FRCP 12(c), (d)

 

General Information

This event may be used after the pleadings are closed (but early enough not to delay trial) if a party seeks judgment based solely on the complaint, the answer and any written instruments attached thereto as exhibits. This event can also be used when a party is seeking judgment based on a counterclaim and the answer thereto, a cross claim and the answer thereto, and a third-party complaint and the answer thereto.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Judgment on Pleadings Pursuant to FRCP 12(c), Motion for from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Select the docket entry to which the Motion relates and click Next.

11. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion for Leave to Amend Adversary Complaint / Pleading

Official Procedure Last Change June 25, 2018

Motion for Leave to Amend Adversary Complaint / Pleading

How to file:

Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Amend Complaint/Pleading, Motion for Leave to

Things to be aware of when filing: A motion for leave to amend is not always required to amend a pleading. Consult FRBP 7015 to determine this.

 

  • FRBP 7015, 7025

 

General Information

Consult FRBP 7015 to determine when an amended pleading may be filed without the need to file a Motion for Leave to Amend.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • Do not file the Amended Complaint or pleading along with the Motion. It should be filed once the Motion has been granted.
  • A proposed order must be uploaded. The order must not contain language indicating that the amended complaint will be 'deemed filed' upon granting of the Motion or similar.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Amend Complaint/Pleading, Motion for Leave to from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Check the box next to the complaint or pleading that you are amending and click Next.

10. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

11. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

12. Upload proposed order.

Motion for Summary Judgment

Official Procedure Last Change May 24, 2016

Motion for Summary Judgment

How to file:

Location of event: Adversary > Motions & Briefs > Summary Judgment, Motion for

Things to be aware of when filingA brief that complies with S. D. Ind. B-7056-1 must accompany the motion.

General Information

  • A Motion for Summary Judgment can be filed by a party to a legal case or adversary proceeding who believes that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law.
  • If the opposing party objects to the Motion for Summary Judgment, they have 28 days from the date of service of the Motion for Summary Judgment to file a response brief supporting their opposition. This must be filed using the Brief event, not the Response event.
  • If such a supporting brief is filed, the filer of the Motion for Summary Judgment then has 14 days to file a reply brief.
  • If the reply brief relies upon evidence not previously cited or objects to the admissibility of the non-moving party’s evidence, the non-moving party may file a surreply brief limited to such new evidence and objections, no later than 7 days after service of the reply brief.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • A supporting brief must accompany the Motion. The brief must include a section labeled Statement of Material Facts Not in Dispute containing (1) the facts potentially determinative of the motion, and (2) the facts as to which the moving party contends there is no genuine issue.
  • If seeking a summary judgment against an unrepresented party, a notice must be filed that complies with S. D. Ind. B-7056-1(g). This notice may be included with the motion or filed separately using the Summary Judgment Notice to Pro Se Party event. A Certificate of Service must accompany the Notice to Pro Se Party.
  • A proposed judgment must be uploaded. If the judgment relates to a request to avoid a wholly unsecured mortgage or lien, it must state both the common address and legal description of the affected property.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Summary Judgment, Motion for from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. The deadline for the opposing party to file their brief is calculated and displayed. Click Next.

11. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed judgment.

Motion to Extend Time to File Adversary Documents

Official Procedure Last Change December 1, 2019

Motion to Extend Time to File Adversary Documents

How to file:

Location of event: Adversary > Motions & Briefs > Extend Time to File Adversary Documents, Motion to

Things to be aware of when filingA Notice of Extension of Time, which does not require an order from the Court, may be filed instead of a Motion under certain circumstances. If this is to be done, the title on the PDF must read Notice and not Motion.

 

 

General Information

  • This Motion can be used to request an extension of time to file an answer, pretrial statement or other adversary document.
  • A Notice of Extension of Time, which does not require an order from the Court, may be filed instead of a Motion if all of the following are true:
    • This is the first request for an extension of time;
    • the extension sought does not exceed 28 days; and
    • the opposing party's consent has been obtained, or they were unable to be contacted.

If filing a Notice of Extension of Time, the PDF must be titled as such (not as a Motion), and should be filed using the Notice of Extension of Time to File menu option.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service showing service of the Motion on all parties to the adversary proceeding must be included.
  • A Statement of Corporate Ownership must be filed if the filing party is not an individual or a governmental unit, unless the filing party is the debtor.
  • It is not necessary to upload a proposed order - the Court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Extend Time to File Adversary Documents, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Check all relevant boxes to indicate for which documents you are requesting an extension of time and click Next. If you checked the Other check box, type in the name of the other document(s) for which an extension is sought and click Next. (It is best to begin the name of each document you enter in this text box with an upper case letter, e.g. Briefs instead of briefs.)

11. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion to Set Aside Clerk's Entry of Default

Official Procedure Last Change August 4, 2014

Motion to Set Aside Clerk's Entry of Default

How to file:

Location of event: Adversary > Motions & Briefs > Set Aside Clerk's Entry of Default, Motion to

Things to be aware of when filing: This event may be used to move that the court set aside a Clerk's Entry of Default. The Motion for Relief from Judgment/Order event should be used if seeking relief from a judgment.

 

 

General Information

This event may be used to move that the court set aside a Clerk's Entry of Default. The Motion for Relief from Judgment/Order event should be used if seeking relief from a judgment.

Filing Requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Set Aside Clerk's Entry of Default, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Select the Clerk's Entry of Default to which your filing relates and click Next.

11. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Application you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Notice of Extension of Time to File Adversary Documents

Official Procedure Last Change December 1, 2019

Notice of Extension of Time to File Adversary Documents

How to file:

Location of event: Adversary > Answers & Defendant's Initial Pleadings > Defendant's Initial Pleadings > Extension of Time to File, Notice of

Things to be aware of when filing: The title on the PDF must read Notice and not Motion.

 

General Information

  • This Notice can be used to request an extension of time to file a responsive pleading or a response to a written request for discovery or request for admission, or response to a motion.
  • A Notice of Extension of Time, which does not require an order from the Court, may only be filed instead of a Motion if all of the following are true:
    • This is the first request for an extension of time
    • The extension sought does not exceed 28 days
    • The opposing party's consent has been obtained, or they were unable to be contacted

If these conditions are not met, the request for extension must be filed as a Motion for Extension of Time.

  • If filing a Notice of Extension of Time, the PDF must be titled as such (not as a Motion). Likewise, if filing as a Motion for Extension of Time, the PDF must be titled as a Motion, not a Notice.

Filing Requirements

  • The Notice must be signed by the filing party.
  • The Notice must contain a declaration that opposing party's consent has been obtained, or they were unable to be contacted.
  • A Statement of Corporate Ownership must be filed if the filing party is not an individual or a governmental unit, unless the filing party is the debtor.
  • It is not necessary to upload a proposed order - no order is required for a Notice of Extension of Time.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Answers & Defendant's Initial Pleadings > Defendant's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Extension of Time to File, Notice of from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. A warning notice is displayed. Click Next

9. Browse to attach the document to be filed (pdf file). Click Next.

10. All event categories are displayed. Leave them all selected and click Next.

11. Check box next to document to which your extension of time relates and click Next.

12. Select appropriate radio button to indicate for which document you are requesting an extension of time. Only select the Answer by agency of the United States option if the filing party is such an agency (e.g. the US Trustee, IRS etc). Click Next.

13. If you indicated that you are requesting an extension of time to file an answer, the extended date is calculated and displayed. If the displayed date does not match the date contained in the Notice of Extension, change the date to match. Click Next.

If you indicated that you are requesting some other extension, type the name of the document for which extension is being sought and enter the extended date (as shown in the Notice of Extension) in the date field, then click Next.

14. Select prefix text, if applicable, and click Next.

15. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Notice of Removal

Official Procedure Last Change December 1, 2019

Notice of Removal

S. D. Ind. B-9027-1

Note: See separate procedure for filing a Notice of Removal that relates to a bankruptcy case pending outside the Southern District of Indiana (this requires the filing of a miscellaneous proceeding.)

Filing Requirements

A new Notice of Removal filed with the Southern District of Indiana must include the following:

Exceptions to the fee requirement:

  • No fee is required if the Notice of Removal is filed by a Chapter 7 or 13 Debtor, the US Trustee, or a US Government Agency.
  • Chapter 11 and 12 debtors can have the fee deferred if they file an Affidavit stating that no liquid funds are currently available from the bankruptcy estate to pay the fee, and send an e-mail to nofee@insb.uscourts.gov. Upon completion of the event, select Continue Filing from the credit card pop-up screen. Do not pay your outstanding fees. The court will review the filing and notify you by return e-mail if the fee has been removed or if the fee must be paid.
  • If filed by the Trustee, the filing fee is required but may be deferred.
  • Child Support Creditors are exempt from the filing fee. In order to obtain the exemption, Official Form B 2810 must be filed and an e-mail sent to nofee@insb.uscourts.gov. Upon completion of the event, select Continue Filing from the credit card pop-up screen. Do not pay your outstanding fees. The court will review the filing and notify you by return e-mail if the fee has been removed or if the fee must be paid.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > File New Adversary Complaint.

3. Change Filing type from Complaint to either Notice of Removal, representing defendants or Notice of Removal, representing plaintiffs (determined by who is the plaintiff/defendant in the state court action). Click Next.

4. Enter Bankruptcy Lead Case Number (in the format xx-xxxxx).

5. Leave Association type set to Adversary, click Next.

6. The division to which the adversary will be assigned is displayed. Click Next then Next.

7. Select filing party. Click Next.

Note: The parties are the same as they were in the original court action, regardless of who is initiating the Notice of Removal.  

8. Enter Social Security Number or Tax ID of plaintiff, if known, or enter last/ business name and click Search.

9. If the plaintiff is shown in the Party search results box and is exactly correct (including the address), click to select that party and click Select name from list. Otherwise, click Create new party    See full instructions on how to create a new party

10. Select the role that the plaintiff has in the bankruptcy case from the drop down list and click Submit.

11. Repeat steps 7 - 9 as necessary for further plaintiffs. When all plaintiffs have been entered, click End Plaintiff Selection.

12. Enter Social Security Number or Tax ID of defendant, if known, or enter last/business name and click Search.

13. If the defendant is shown in the Party search results box and is exactly correct (including the address), click to select that party and click Select name from list. Otherwise, click Create new party    See full instructions on how to create a new party

14. Select the role that the defendant has in the bankruptcy case from the drop down list and click Submit.

15. Repeat steps 12 - 14 as necessary for further defendants. When all defendants have been entered, click End Defendant Selection.

16. Select appropriate Party Code (i.e. US is a Plaintiff, US is a Defendant, or US not a Party).

17. Select appropriate option regarding Rule 23 Class Action (i.e. yes or no).

18. Select appropriate Jury Demand (i.e. None, Both, Defendant, or Plaintiff).

19. Enter Demand amount (stated in $000, to the nearest thousand. Example: Enter 6 for a demand of $6010.00). Note: Do not enter any demand amount if you are only seeking to determine dischargeability of an existing debt.

20. Select appropriate option regarding State Law (i.e. If case involve a substantive issue of State Law).

21. Select the Primary Nature of Suit from the drop-down list (repeat for Second through Fifth nature of suit if applicable). Click Next.

22. Select event Notice of Removal from drop-down list. Click Next.

23. Browse to attach the Notice of Removal (pdf file). Click Next.

24. Select the party filing complaint, click Next.

25. CM/ECF displays the fee due, if any. Click Next.

Note: If the fee information is incorrect, click the Internet Explorer Back button and verify party.

26. Click Next.

27. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Request for Alias Summons

Official Procedure Last Change October 7, 2015

Request for Alias Summons

How to file:

Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Request for Alias Summons

Things to be aware of when filing: No PDF is required in order to docket this event.

  • FRBP 7004

General Information

  • If a summons has already been issued by the Clerk of the Court but another summons is needed, perhaps because there was an error in the original one, it was served on the wrong party or to the wrong address or not served within the required time frame, the plaintiff may file a Request for Alias Summons to request that the Clerk issue a new summons.
  • No PDF document is required - the event generates a docket-only entry.

Filing requirements

None - no PDF is required.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Request for Alias Summons from the event list and click Next.

5. Select the summons to which the request relates and click Next.

6. Check box if jointly filing with another attorney. Click Next. If jointly filing, select additional attorneys. Click Next.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Final docket text is displayed. Click Next.

9. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Response and reply briefs for summary judgments

Official Procedure Last Change May 1, 2017

Response and reply briefs for summary judgments

How to file:

Location of event: Adversary > Motions & Briefs > Brief (including Response Brief, Reply Brief, Surreply Brief, etc.)

Things to be aware of when filing: See S. D. Ind. B-7056-1 for details regarding specific filing requirements.

 

 

General Information

  • If the opposing party objects to a Motion for Summary Judgment, they have 28 days from the date of service of the Motion for Summary Judgment to file a response brief supporting their opposition.
  • If such a response brief is filed, the filer of the Motion for Summary Judgment then has 14 days from the service date of the response brief to file a reply brief.
  • If the reply brief relies upon evidence not previously cited or objects to the admissibility of the non-moving party’s evidence, the non-moving party may file a surreply brief limited to such new evidence and objections, no later than 7 days after service of the reply brief.

Filing requirements

  • The document must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • Other filing requirements apply - see S. D. Ind. B-7056-1 for full details.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Motions & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Brief (including Response Brief, Reply Brief, Surreply Brief, etc.) from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Select the Response brief, Reply brief or Surreply brief radio button, as appropriate, and click Next.

10. Click Next at the category selections screen.

11. The docket is displayed. Select the Motion for Summary Judgment to which your brief relates and click Next.

12. If you indicated that you are filing a response brief, you are asked whether you are opposing the Motion for Summary Judgment. Select Yes if you were not the
filer of the Motion, and click Next.

13. If you indicated in step 12 that you are filing a response opposing the Motion for Summary Judgment, enter the date of service of the brief, as shown on the PDF. Note that this may be different from today's date. Click Next. The Reply Brief Due date is calculated and displayed. Click Next.

14. Select prefix text, if applicable, and click Next.

15. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Service of Adversary Summons

Official Procedure Last Change April 23, 2019

Service of Adversary Summons (Summons Certificate of Service)

How to file:

Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Summons Certificate of Service

 

General Information

  • The plaintiff in an adversary case is responsible for serving a copy of the summons, complaint and pre trial order, if any, on all defendants.
  • A Certificate of Service must be filed with the Court within 10 days of the issuance of the summons by the Court.

Filing requirements

  • The Certificate must be signed by the filing party.
  • It is recommended that either the Certificate of Service form attached to the Summons be used, or the fillable version available on the Court's website.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Summons Certificate of Service from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

6. Browse to attach the document to be filed (pdf file). Click Next.

7. All Summonses currently on the docket are displayed. If not already selected, check box next to the summons to which your Certificate of Service relates and click Next.

8. Enter the name(s) of the party or parties who were served and click Next.

9. Final docket text is displayed. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Summary Judgment Notice to Pro Se Party

Official Procedure Last Change April 28, 2014

Summary Judgment Notice to Pro Se Party

How to file:

Location of event: Adversary > Miscellaneous > Summary Judgment Notice to Pro Se Party (S.D.Ind. B-7056-1)

General Information

A movant seeking a summary judgment against an unrepresented party is required to file a notice that complies with S.D.Ind. B-7056-1(g). This notice may be included with the motion or filed separately using the instructions below.

Filing requirements

  • The Notice must be signed by the filing party.
  • A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Miscellaneous.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Summary Judgment Notice to Pro Se Party (S.D.Ind. B-7056-1) from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. All motions for summary judgment currently on the docket are displayed. If not already selected, check box next to the motion to which your notice relates and click Next.

10. Final docket text is displayed. Click Next.

11. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Third party, cross and counter complaints

Official Procedure Last Change February 5, 2018

Third party, cross and counter complaints

How to file:

Location of event: Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings > Counterclaim OR Cross-Claim OR Third-Party Complaint

Things to be aware of when filing: These are typically filed as part of the Answer to the original complaint. Court approval may be needed to file a stand-alone cross, third party or counter claim.

  • FRBP 7007, 7012(a)

General Information

A cross claim is a claim asserted by one defendant against another defendant. A third party complaint is a complaint filed by a defendant against a third (new) party. A counter claim is a claim by the defendant against the plaintiff.

These are typically filed as part of the Answer to the original complaint. Court approval is generally needed to file a stand-alone cross, third party or counter claim if more than 14 days have passed since the filing of the Answer.

Filing requirements

The document must be signed by the filing party.

Step-by-Step Instructions

See separate instructions on including a cross, third party or counter claim with the filing of an answer.

To file a stand-alone cross, third party or counter claim:

1. Log into CM/ECF.

2. Select Adversary > Complaint & Summons > Summons/Amended Complaint/Plaintiff's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Counterclaim, Cross-Claim or Third-Party Complaint from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

6. Browse to attach the document to be filed (pdf file). Click Next.

7. Select that party or parties against whom the counterclaim, cross-claim or third-party complaint is against (you may need to add a new party for a third-party complaint), and click Next.

8. Enter date of service of the counterclaim/cross claim and click Next. (This step is skipped for third-party complaints)

9. Answer/reply date is calculated and displayed. Click Next. (This step is skipped for third-party complaints)

10. Final docket text is displayed. Click Next.

11. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Appeals & Withdrawals of Reference

Agreed Statement as Record on Appeal

Official Procedure Last Change March 27, 2018

Agreed Statement as Record on Appeal

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Agreed Statement as Record on Appeal

  • FRBP 8009(d)

General Information

Full information on the Appeals process

  • Parties can file an Agreed Statement as the Record on Appeal instead of separate Designations.
  • This Agreed Statement takes the place of the normal record on appeal.

Filing requirements

  • The Agreed Statement must be signed.

  • A Certificate of Service must accompany the Statement.

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Agreed Statement as Record on Appeal from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Notice of Appeal to which your Statement relates and click Next.

9. Select appropriate radio button and click Next.

10. Select prefix text, if applicable, and click Next.

11. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Answer in Opposition to Motion for Leave to Appeal

Official Procedure Last Change March 31, 2016

Answer in Opposition to Motion for Leave to Appeal

How to file:

Location of event: This document must be filed in District Court, not Bankruptcy Court.

  • FRBP 8004(b)(2)

General Information

Full information on the Appeals process

  • If a Motion for Leave to Appeal is filed, the appellee has14 days to file an Answer in Opposition to Motion for Leave to Appeal. The deadline is calculated from the date the Motion was served on parties, not the date it was filed with the court.
  • The Motion for Leave to Appeal will be transmitted to District Court at the end of the 14 day period, regardless of whether or not an Answer in Opposition has been filed.
  • An answer in opposition must be filed in District Court, not Bankruptcy Court.

Appeals - General Information

 Official Procedure Last Change April 5, 2016

Appeals - General Information

FRBP 8001

 

 

An appeal is a request by a party to have a higher court consider an order already entered by the bankruptcy court.

There are two main types of appeal: Appeal by Right and Appeal by Leave (interlocutory).

Appeals can also be heard by the US Court of Appeals. A request for a matter to be sent directly to that court instead of to the District Court is called a Direct Appeal.

If a transcript of a hearing is to be requested in relation to the appeal, this should be done as early as possible since an outside agency, not the Clerk's office, prepares all transcripts.

See also related procedure: Motion for Stay Pending Appeal.

Appeal by Right

An Appeal by Right is an appeal of a final order or judgment and is initiated by the filing of a Notice of Appeal. This Notice must be filed within 14 days of the entry of the order being appealed. If more time is needed to file the Notice of Appeal, a Motion to Extend Time to Appeal Under Rule 8002(d) should be filed.

The appellant has 14 days after the filing of their Notice of Appeal to file an Appellant Designation. This is a list of all documents, including transcripts of hearings, that the appellant wishes to be sent to District Court as part of the appeal.

The appellee has 14 days from the date of filing of the Appellant Designation to file the Appellee Designation. This is a list of any items that the appellee wishes to be sent to District Court in addition to the documents already listed on the Appellant Designation.

If more time is needed to file a designation, a Motion to Extend Time to File Designation should be filed with the Bankruptcy Court.

Appeal by Leave (Interlocutory)

An Appeal by Leave is an appeal of an interlocutory (non-final) order or judgment and is initiated by the filing of a Notice of Appeal along with a Motion for Leave to Appeal. These documents must be filed within 14 days of the entry of the order being appealed. If more time is needed to file these documents, a Motion to Extend Time to Appeal Under Rule 8002(d) should be filed.

The appellee has 14 days from the filing of these documents to file an Answer in Opposition to Motion for Leave to Appeal. The deadline is calculated from the date the Motion was served on parties, not the date it was filed with the court.

District Court advises the Bankruptcy Court when a District Court case number and judge have been assigned. This information will be docketed on the bankruptcy case.

When the District Court judge has made their decision on whether or not the appeal will be allowed, the order granting or denying is docketed on the bankruptcy case.

If the order grants leave to appeal, the appellant has 14 days from the docketing of the order in the bankruptcy case to file an Appellant Designation. This is a list of all documents, including transcripts of hearings, that the appellant wishes to be sent to District Court as part of the appeal.

The appellee has 14 days from the date of filing of these documents to file an Answer in Opposition to Motion for Leave to Appeal. The deadline is calculated from the date the Motion was served on parties, not the date it was filed with the court.

District Court advises the Bankruptcy Court when a District Court case number and judge have been assigned. This information will be docketed on the bankruptcy case.

When the District Court judge has made their decision on whether or not the appeal will be allowed, the order granting or denying is docketed on the bankruptcy case.

If the order grants leave to appeal, the appellant has 14 days from the docketing of the order in the bankruptcy case to file an Appellant Designation. This is a list of all documents, including transcripts of hearings, that the appellant wishes to be sent to District Court as part of the appeal.

The appellee has 14 days from the date of filing of the Appellant Designation to file the Appellee Designation. This is a list of any items that the appellee wishes to be sent to District Court in addition to the documents already listed on the Appellant Designation.

Direct Appeals

A Direct Appeal is a request to have an appeal heard by the Court of Appeals, bypassing the normal hearing by District Court.

A Direct Appeal is initiated by the filing of a Notice of Appeal and either a Request for Certification for Direct Appeal to Court of Appeals, which automatically sets up a 14 day response time to allow opposing party the opportunity to respond, or a Joint Certificate for Direct Appeal to Court of Appeals, which requires no response time since both parties will have signed off on the Certificate. The Notice of Appeal must be filed within 14 days of the entry of the order being appealed. If more time is needed to file the Notice of Appeal, a Motion to Extend Time to Appeal Under Rule 8002(d) should be filed.

The appellant has 14 days after the filing of their Notice of Appeal to file an Appellant Designation. This is a list of all documents, including transcripts of hearings, that the appellant wishes to be sent to the Court of Appeals as part of the appeal.

The appellee has 14 days from the date of filing of the Appellant Designation to file the Appellee Designation. This is a list of any items that the appellee wishes to be sent to the Court of Appeals in addition to the documents already listed on the Appellant Designation.

The Bankruptcy Court may rule on the certification within the first 30 days, thereafter, the ruling shall come from District Court under rule 8006(b).

If approved to go directly to the Court of Appeals, the Court will enter a Certification for Direct Appeal to Court of Appeals and transmit the initial documents to the Court of Appeals.

The Court of Appeals then notifies the Bankruptcy Court of the case number to which the appeal was assigned in their court. This case number is docketed on the bankruptcy docket.

The Court of Appeals will then determine whether or not it will hear the appeal. If the request to have the appeal heard by the Court of Appeals is granted, a docket-only order (no PDF) will be entered on the bankruptcy case. This order sets deadlines for briefs to be filed. The Direct Appeal fee (which is in addition to the previous Appeal Filing and Docketing fee) is due within 14 days of the entry of that order.

After expiration of the time allowed for filing briefs, the Bankruptcy Court will transmit the remainder of the appeal documents to the Court of Appeals, regardless of whether or not briefs were filed.

Appellant Designation

Official Procedure Last Change October 2, 2018

Appellant Designation

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Appellant Designation/Statement of Issues

Things to be aware of when filing:

  • If a transcript is requested to be included in the record, a separate Request for Transcript must be filed, unless the transcript has previously been requested.
  • If a transcript is not being ordered, a Certification – Transcript not Ordered must be filed. Either party may file the Certification.
  • FRBP 8009, 8010(a)(1)

General Information

Full information on the Appeals process

  • The appellant is required to file with the Clerk's office, and serve on the appellee, a designation of items to be included in the record on appeal, and a statement of the issues to be presented.
  • This designation must be filed within 14 days after the filing of the Notice of Appeal, and must be in compliance with Local Rule B-8009-1. The parties may not highlight a docket to show what they are designating. The parties should be specific when listing designated items and must include the court’s docket numbers for each item designated.
  • If a transcript is requested to be included in the record, a separate Request for Transcript must be filed, unless the transcript has previously been requested.
  • If a transcript is not being ordered, a Certification – Transcript not Ordered must be filed. Either party may file the Certification.
  • Upon filing of the appellant designation, the appellee has 14 days to file their designation of additional items.

Filing requirements

  • A Statement of Issues to be presented should be included along with the Designation.
  • The Designation must be signed.
  • A Certificate of Service must accompany the Designation. 

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Appellant Designation/Statement of Issues from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. The Appellee Designation deadline is displayed. Click Next.

9. Check the box next to the Notice of Appeal to which your Designation relates and click Next.

10. Select appropriate radio button and click Next.

11. Select prefix text, if applicable, and click Next.

12. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Appellee Designation

Official Procedure Last Change October 2, 2018

Appellee Designation

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Appellee Designation

Things to be aware of when filing:

  • If a transcript is requested to be included in the record, a separate Request for Transcript must be filed, unless the transcript has previously been requested.
  • If a transcript is not being ordered, a Certification – Transcript not Ordered must be filed. Either party may file the Certification.
  • FRBP 8009(a)(2),(4), 8010(a)(1)

General Information

Full information on the Appeals process

  • The appellee is required to file with the Clerk's office, and serve on the appellant, a designation of items to be included in the record on appeal, and a statement of the issues to be presented.
  • The Appellee’s designation must be in compliance with Local Rule B-8009-1. The parties may not highlight a docket to show what they are designating. The parties should be specific when listing designated items and must include the court’s docket numbers for each item designated.
  • If a transcript is requested to be included in the record, a separate Request for Transcript must be filed, unless the transcript has previously been requested.
  • If a transcript is not being ordered, a Certification – Transcript not Ordered must be filed. Either party may file the Certification.

Filing requirements

  • The Designation must be signed.
  • A Certificate of Service must accompany the Designation. 

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Appellee Designation from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Notice of Appeal to which your Designation relates and click Next.

9. Select prefix text, if applicable, and click Next.

10. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Designation of Record re: Withdrawal of Reference

Official Procedure Last Change March 15, 2018

Designation of Record re: Withdrawal of Reference

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Designation of Record re: Withdrawal of Reference (including Additional Items) 

Things to be aware of when filingThis event should only be used to file a designation related to a Motion for Withdrawal of Reference. To file a designation related to an appeal, see separate procedures on Appellant Designation or Appellee Designation.

General Information

  • A motion for withdrawal of reference is a request to have a contested matter, an adversary proceeding or an entire bankruptcy be handled by District Court instead of by the Bankruptcy Court.
  • A designation of record must be filed along with the Motion for Withdrawal of Reference. This is a list of documents on the case that the movant wishes to be considered by District Court along with the Motion. If the Designation of Record was not included in the PDF with the Motion, it may be filed separately using the instructions below.
  • Any other party has 14 days to file a designation of additional items they want to be considered by District Court. A list of those additional items can be filed during that time period using the instructions below.

Filing requirements

  • The Designation must be filed in the Bankruptcy Court, not in District Court.
  • The Designation must be signed.
  • A Certificate of Service must accompany the Designation.

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Designation of Record re: Withdrawal of Reference (including Additional Items) from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Motion for Withdrawal of Reference (or Designation of Record if you are filing a designation of additional items)  to which your Designation relates and click Next.

9. If a designation has already been filed, you are asked if you a filing a list of additional items. Select the appropriate radio button and click Next. If you selected Yes, skip to step 12.

10. Enter the date the Designation was served, as shown on your Certificate of Service.

11. Deadline for filing of additional items by other parties is calculated and displayed. Click Next.

12. Select prefix text, if applicable, and click Next.

13. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Joint Certificate for Direct Appeal to Court of Appeals

Official Procedure Last Change March 31, 2016

Joint Certification for Direct Appeal to Court of Appeals

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Joint Certification for Direct Appeal to Court of Appeals

Things to be aware of when filing: The Joint Certification event is used if all appellants and appellees are jointly filing the request. If not all parties have signed off, the Request for Certification event must be used.

  • FRBP 8006(c)

General Information

Full information on the Appeals process

  • A Joint Certification for Direct Appeal to Court of Appeals is a request to have an appeal heard directly by the Court of Appeals, bypassing the normal first step of an appeal before District Court. The Bankruptcy Court will rule on whether the request for a direct appeal should be granted, or whether the appeal will be heard instead by District Court.
  • The Joint Certification event is used if all appellants and appellees are jointly filing the request. If not all parties have signed off, the Request for Certification event must be used.
  • If the Direct Appeal is accepted by the Court of Appeals, a separate Authorized Direct Appeal fee will apply, in addition to the original Appeal Filing and Docketing fee. This does not apply to the United States (e.g. US Trustee). View current fees

Filing requirements

  • It is recommended that the Joint Certification be filed using Official Form B424.
  • The Joint Certification must be signed by all appellants and appellees.

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Joint Certification for Direct Appeal to Court of Appeals from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Notice of Appeal to which your Certification relates and click Next.

9. Select prefix text, if applicable, and click Next.

10. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion for Extension of Time to File Designation

Official Procedure Last Change March 31, 2016

Motion for Extension of Time to File Designation

How to file:

Location of event: Bankruptcy > Motions, Applications & Briefs > Extend Time to File Miscellaneous Documents, Motion to

Things to be aware of when filing: In the Southern District of Indiana, the Bankruptcy Judge, not a District Court judge, rules on this Motion. The bankruptcy case caption should therefore be used.

  • FRBP 8002(d)(3)

General Information

Full information on the Appeals process

In the Southern District of Indiana, the Bankruptcy Judge, not a District Court judge rules on this Motion. The Motion is not transmitted to District Court.

Filing requirements

  • The Motion must be signed by the filing party.
  • A Certificate of Service must accompany the Motion.
  • It is not necessary to upload a proposed order - the court will prepare one. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Extend Time to File Miscellaneous Documents, Motion to from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Check the Refer to existing event(s)? box and click Next.

11. Click to select appeal in the list and click Next.

12. Check the appropriate box next to the related Notice of Appeal and Next.

13. Type Designation in the text box.

14. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended.

15. Click Next.

16. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

17. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion for Leave to Appeal

Official Procedure Last Change February 18, 2020

Motion for Leave to Appeal

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Leave to Appeal, Motion for

Things to be aware of when filingA Motion for Leave to Appeal cannot be filed unless a Notice of Appeal has already been filed on the case.

  • FRBP 8001 - 8004

General Information

Full information on the Appeals process

  • An Appeal by Leave is initiated by the filing of a Motion for Leave to Appeal along with a Notice of Appeal. These documents must be filed within 14 days of the entry of the order being appealed. If more time is needed to file these documents, a Motion to Extend Time to Appeal Under Rule 8002(c) should be filed.
  • The appellee has 14 days from the filing of the Motion for Leave to Appeal to file an Answer in Opposition to Motion for Leave to Appeal. The answer must be filed in District Court. The deadline is calculated from the date the Motion was served on parties, not the date it was filed with the court. The deadline is calculated from the date the Motion was served on parties, not the date it was filed with the court.
  • If the Motion for Leave to Appeal is denied, no other action is required apart from the entry of the order on the docket.  The appellee may request the return of the Notice of Appeal fee by filing a Motion for Refund.  

Filing requirements

  • Motion must be signed by the filing party.
  • The motion must include:
    • the facts necessary to understand the question presented;
    • the question itself;
    • the relief sought;
    • the reasons why leave to appeal should be granted; and
    • a copy of the interlocutory order or decree and any related opinion or memorandum.
  • A Motion for Leave to Appeal cannot be filed unless a Notice of Appeal has already been filed on the case.
  • A Certificate of Service must accompany the Motion.
  • A proposed order must be uploaded

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Leave to Appeal, Motion for from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the appropriate box next to the order which you are seeking to appeal and click Next.

9. Enter date of service of the Motion (which may be different from the date of filing of the Motion) and click Next.

10. Answer deadline is displayed. Click Next.

11. Click Next.

12. Select prefix text, if applicable, and click Next.

13. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Motion for Stay Pending Appeal

Official Procedure Last Change August 11, 2017

Motion for Stay Pending Appeal / Withdrawal of Reference

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Stay Pending Appeal/Withdrawal of Reference, Motion for

  • FRBP 8007

General Information

Full information on the Appeals process

  • There is generally a stay of execution upon judgments, order or decrees for a period of fourteen days after entry. However, this does not stay execution of a judgment, order or decree during the pendency of the appeal. A Request for Stay Pending Appeal must be filed in order to obtain this relief.
  • A Motion for Stay pending appeal can be filed and ruled on in Bankruptcy Court or in District Court. If filed in District Court, the Bankruptcy Court will be notified.

Filing requirements

  • Motion must be signed by the filing party.
  • A Certificate of Service must accompany the Motion.
  • A proposed order must be uploaded

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Stay Pending Appeal/Withdrawal of Reference, Motion for from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the appropriate box next to the Order to which your Motion relates and click Next.

9. Select prefix text, if applicable, and click Next.

10. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion for Withdrawal of Reference

Official Procedure Last Change March 15, 2018

Motion for Withdrawal of Reference

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Withdrawal of Reference, Motion for

Things to be aware of when filingThis event should not be used to withdraw a document on a case. View instructions on how to withdraw a document

General Information

  • A motion for withdrawal of reference is a request to have a contested matter, an adversary proceeding or an entire bankruptcy be handled by District Court instead of by the Bankruptcy Court.
  • Responses to the Motion are due 14 days from the date of service of the Motion. If no responses are received in that time, the motion is transmitted to District Court. View instructions on filing a response
  • If a response is received during the 14 day period, the opposing party has 14 days to file a reply. Once the 14 days have elapsed, the motion along with the response and reply, if filed, is transmitted to District Court.
  • Any objections filed to the Motion for Withdrawal of Reference are heard by District Court.
  • The case will continue to move forward in the Bankruptcy Court until District Court grants the motion.
  • If an entire case or adversary proceeding is being withdrawn to District Court, the Bankruptcy Court will close the affected case 30 days after the District Court grants the motion.

Filing requirements 

  • A Withdrawal of Reference filing fee is due.
  • The Motion must be filed in the Bankruptcy Court, not in District Court.
  • The motion must clearly state that relief is being sought from the District Court.
  • The Motion must be signed by the filing party.
  • A certificate of service must accompany the Motion.
  • A designation of record must be filed along with the Motion. This may be included in the PDF with the Motion, or filed separately using the Designation of Record re: Withdrawal of Reference (including Additional Items) event.
  • It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Withdrawal of Reference, Motion for from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. At the category selection screen, click Next.

9. Select the appropriate docket entry, then click Next:

  • If the Motion seeks to withdraw the entire case to District Court, select docket entry #1.
  • If the Motion seeks to withdraw an adversary case to District Court, select the appropriate adversary docket entry.
  • For withdrawal of any other issue to District Court, select the first document filed on that issue.

10. Enter the date the motion was served, as shown on your Certificate of Service.

11. Select the appropriate radio button re: Designation of Record, then click Next.

12. Response date is calculated and displayed. Click Next.

13. If you indicated that the Designation of Record is attached, the Designation of Additional Items due date is calculated and displayed. Click Next.

14. Select prefix text, if applicable, and click Next.

15. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion to Extend Time to Appeal Under Rule 8002(c)

Official Procedure Last Change March 31, 2016

Motion to Extend Time to Appeal Under Rule 8002(c)

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Extend Time to Appeal Under Rule 8002(c), Motion to

  • FRBP 8001 - 8003

General Information

Full information on the Appeals process

  • A Notice of Appeal must be filed within 14 days of the entry of the order being appealed. If more time is needed to file the Notice of Appeal, a Motion to Extend Time to Appeal Under Rule 8002(c) should be filed.
  • The maximum extension that can be granted is 21 days. 

Filing requirements

  • Motion must be signed by the filing party.
  • A Certificate of Service must accompany the Motion.
  • Filing party is responsible for uploading a proposed order

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Extend Time to Appeal Under Rule 8002(c), Motion to from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Select prefix text, if applicable, and click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

10. Upload proposed order.

Notice of Appeal

Official Procedure Last Change February 18, 2020

Notice of Appeal

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Notice of Appeal or Notice of Appeal, Amended

Things to be aware of when filing: A copy of the order or judgment being appealed must be attached to the Notice.

  • 28 USC 1930 - Bankruptcy Fees in accordance with the Judicial Conference Schedule of Fees, ¶14
  • FRBP 8002 - 8004

General Information

Full information on the Appeals process

  • In order to appeal an order or judgment entered by the Bankruptcy Court, a Notice of Appeal must be filed within 14 days of entry of the order being appealed. If more time is needed to file the Notice of Appeal, a Motion to Extend Time to Appeal Under Rule 8002(c) should be filed.
  • If filing an Amended Notice of Appeal (for instance, to cure a deficiency as advised by the Court), the Notice of Appeal, Amended event should be used in order to prevent ECF from charging a second filing fee.
  • A notice of appeal may relate to more than one order or judgment.

Filing requirements

  • An Appeal Filing (including any Cross Appeal and/or Joint Appeal) requires a docketing fee for all filers except the United States (e.g. US Trustee). This fee is required for any Notice of Appeal, regardless of whether it is a Cross Appeal or a Joint Appeal. View current fees
  • The Notice of Appeal must be filed using Official Form 417A.
  • The Notice must be signed by the filing party.
  • A copy of the order or judgment being appealed must be attached to the Notice. 

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Notice of Appeal from the event list and click Next.

Note: If filing an Amended Notice of Appeal, you must choose Notice of Appeal, Amended from the event list to prevent ECF charging a second filing fee.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the appropriate box next to the order or judgment that you are appealing and click Next.

9. Fee information is displayed. Click Next.

10. If you have already filed a Motion for Leave to Appeal, or are planning to, select the second radio button. Otherwise choose the first radio button. Click Next.

11. If you selected the first radio button in the above step, the Appellant Designation deadline is displayed. Click Next.

12. Select prefix text, if applicable, and click Next.

13. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Request for Certification for Direct Appeal to Court of Appeals

Official Procedure Last Change April 25, 2016

Request for Certification for Direct Appeal to Court of Appeals

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Request for Certification for Direct Appeal to Court of Appeals

Things to be aware of when filing: If all appellants and appellees are jointly filing the request, the Joint Certification event should be used.

  • FRBP 8006

General Information

Full information on the Appeals process

  • A Request for Certification for Direct Appeal to Court of Appeals is a request to have an appeal heard directly by the Court of Appeals, bypassing the normal first step of an appeal before District Court.
  • If all appellants and appellees are jointly filing the request, the Joint Certification event should be used.
  • The Certification must be filed with the Clerk of the court where the matter is pending.  A matter remains in the bankruptcy court for 30 days after the effective date under Rule 8002 of the first notice of appeal from a judgment, order, or decree for which direct review is sought.  
  • If more than 30 days have passed since the Notice of Appeal was filed, the matter is considered pending in District Court and the Certification must be filed with the District Court Clerk.
  • The opposing party has 14 days from the date the request was served (not filed) to file a response. The Bankruptcy Court will then rule on whether the request for a direct appeal should be granted, or whether the appeal will be heard instead by District Court.
  • If the Direct Appeal is accepted by the Court of Appeals, a separate Authorized Direct Appeal fee will apply, in addition to the original Appeal Filing and Docketing fee. This does not apply to the United States (e.g. US Trustee). View current fees 

Filing requirements

  • It is recommended that the Request for Certification be filed using Official Form B424.
  • The Certification must contain a Certificate of Service. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Request for Certification for Direct Appeal to Court of Appeals from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Check the appropriate box next to the Notice of Appeal that you wish to be heard by the Court of Appeals and click Next.

10. Enter date of service of Request for Certification (as shown on its Certificate of Service) and click Next.

11. Response date is automatically calculated and displayed. Click Next.

12. Select prefix text, if applicable, and click Next.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Request for Transcript

Official Procedure Last Change September 2, 2016

Request for Transcript

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Transcript, Request for

Things to be aware of when filing: Use of the court's sample form is recommended.

  • FRBP 8009(b)

General Information

Full information on the Appeals process

  • For cases on appeal, either a Request for Transcript must be filed by the Appellant or a Certification – Transcript not Ordered, which may be filed by any party.
  • A written request must be filed by the requesting party.
  • Upon receipt, the Court will contact the transcriptionist, who will file an Acknowledgement of Receipt of the Request for Transcript. The transcriptionist has 30 days to prepare and submit the transcript.
  • The transcriptionist will file the transcript electronically via CM/ECF, upon which the Court will send out a notice to all creditors advising them of how to obtain
  • a copy of the transcript and setting deadlines for filing a Request for Redaction. The transcriptionist will mail the Certification to the Court, which the Court will docket.
  • For the first 90 days after the transcript is docketed, non-court users do not have access to view the transcript via PACER. Copies must be purchased directly from the transcriptionist, or the transcript may be viewed at no charge from a public terminal in the Clerk's office.
  • After the 90 days has passed, the restriction is removed and the transcript is made accessible to all users via PACER.

Filing requirements

  • Use of the court's sample form is recommended.
  • The Request for Transcript must be signed.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Transcript, Request for from the event list and click Next.

Note: For cases on appeal, a Request for Transcript or a Certification – Transcript not Ordered is required to be filed. A Request for Transcript must be filed by the Appellant; any party may file the Certification.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Select the minute entry that corresponds to the hearing for which you are requesting the transcript and click Next.

10. Select prefix text, if applicable, and click Next.

11. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Response to Withdrawal of Reference

Official Procedure Last Change October 16, 2013

Response to Withdrawal of Reference

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Response-Withdrawal of Reference

Things to be aware of when filingThis event should only be used to file a response to a Motion for Withdrawal of Reference. For any other kind of response, use the Search link in the blue bar at the top of CM/ECF to locate the most suitable event. Show me how

General Information

  • A motion for withdrawal of reference is a request to have a contested matter, an adversary proceeding or an entire bankruptcy be handled by District Court instead of by the Bankruptcy Court.
  • Responses to the Motion are due 14 days from the date of service of the Motion. If no responses are received in that time, the motion is transmitted to District Court.
  • If a response is received during the 14 day period, the opposing party has 14 days to file a reply. Once the 14 days have elapsed, the motion along with the response and reply, if filed, is transmitted to District Court.
  • Any objections filed to the Motion for Withdrawal of Reference are heard by District Court.
  • The case will continue to move forward in the Bankruptcy Court until District Court grants the motion.

Filing requirements 

  • The Response must be filed in the Bankruptcy Court, not in District Court.
  • The Response must be signed by the filing party.
  • A certificate of service must accompany the Response.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Response-Withdrawal of Reference from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Response deadline (for the filing of a reply by the opposing party) is calculated and displayed. Click Next.

9. Select the Motion for Withdrawal of Reference to which the Response relates and click Next.

10. Select prefix text, if applicable, and click Next.

11. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Statement of Evidence in Lieu of Transcript

Official Procedure Last Change March 27, 2018

Statement of Evidence in Lieu of Transcript

How to file:

Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Statement of Evidence in Lieu of Transcript

  • FRBP 8009, 8010

General Information

Full information on the Appeals process

  • A Statement of Evidence in Lieu of Transcript can be filed if a transcript is unavailable for any reason (for example, the recording process failed). Any Response to this statement has its own docket event.

  • The Bankruptcy Court will issue an Order. The Bankruptcy Court can designate additional items to be in this Statement if desired.

Filing requirements

  • The Statement must be signed.

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Appeals & Withdrawals of Reference.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Statement of Evidence in Lieu of Transcript from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the box next to the Notice of Appeal to which your Statement relates and click Next.

9. Response due date is calculated and displayed. Click Next.

10. Click Next.

11. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Submission of Transcript to the Court

Official Procedure Last Change December 29, 2016

Submission of Transcript to the Court

How to file:

Location of event: Bankruptcy > File a Transcript > Transcript - Original/Amended

 

Step-by-Step Instructions

These instructions are for use by the transcriptionist only.

1. Log into CM/ECF.

2. Select Bankruptcy > File a Transcript.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Transcript - Original/Amended from the event list and click Next.

5. Browse to select the document to be filed (pdf file). Click Next.

6. Select the appropriate radio button and click Next.

7. Select the appropriate related document and click Next:

  • If you selected A request for transcript was filed by an outside user (including USAT and UST) in step 6, relate to the relevant Request for Transcript.
  • If you selected The Judge requested the transcript, relate to the minute entry that corresponds to the hearing that has been transcribed.
  • If you selected This is an amended transcript, relate to the transcript being amended.

8. Enter the hearing date and matter being heard (re: is added automatically to the docket text) and click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Claims

Attachment to Claim Pursuant to Fed.R.Bankr.P. 3002(c)(7)(B)

Official Procedure Last Change January 23, 2018

Attachment to Claim Pursuant to Fed.R.Bankr.P. 3002(c)(7)(B)

How to file:

Location of event: Bankruptcy > Claims > Claim Events > Attachment to Claim Pursuant to FRBP 3002(c)(7)(B)

 FRBP 3002(c)(7)(B)

These instructions are for attorneys only. See separate procedure for instructions for limited users. 

General Information

This event is used for filing attachments to a proof of claim that is secured by a security interest in the debtor's principal residence, pursuant to FRBP 3002(c)(7)(B).

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Claims > Claim Events.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Attachment to Claim Pursuant to FRBP 3002(c)(7)(B) from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Click to select the claim to which the Attachment relates and click Next.

9. Final docket text is displayed for review. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Notice of Fees, Expenses or Charges

Official Procedure Last Change June 8, 2012

Notice of Fees, Expenses or Charges

How to file:

Location of event: Bankruptcy > Claims > Claim Events > Fees, Expenses or Charges (Rule 3002.1), Notice of

Things to be aware of when filing: You must previously have filed a proof of claim before CM/ECF will allow you to file your Notice of Fees, Expenses or Charges.

These instructions are for attorneys only. See separate procedure for instructions for limited users. 

General Information

A Notice of Fees, Expenses or Charges allows a mortgage holder to advise the court of any fees, expenses and charges (such as payment of real estate taxes or insurance).

The Motion for Determination of Fees, Expenses or Charges event can be used to file a challenge to a Notice of Fees, Expenses or Charges. This motion can be filed by either the debtor or the trustee, and must be filed within one year after service of the Notice of Fees, Expenses or Charges.

Filing Requirements

  • Notices of Fees, Expenses or Charges must be filed using Official Form B410S2.
  • The Notice must be served within 180 days after the date on which the fees, expenses, or charges are incurred.
  • A copy of the Notice must be served on the debtor, debtor's attorney and trustee.
  • An appearance is not required. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Claims > Claim Events.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Fees, Expenses or Charges (Rule 3002.1), Notice of from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Click to select the claim to which the Notice relates and click Next.

9. Final docket text is displayed for review. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Notice of Payment Change

Official Procedure Last Change December 1, 2018

Notice of Payment Change

How to file:

Location of event: Bankruptcy > Claims > Claim Events > Payment Change (Rule 3002.1), Notice of

Things to be aware of when filing: Do not confuse this event with Notice of Exception to Filing a Notice of Payment Change, which should only be used when requesting exemption from the requirement to file notices of payment change.

These instructions are for attorneys only. See separate procedure for instructions for limited users. 

General Information

A Notice of Payment Change allows a mortgage holder to advise the court that there has been a change in the debtor's mortgage payment. The Notice of Payment Change must be filed at least 21 days before the new payment amount is due.

The Motion to Determine Validity of Payment Change event should be used to file a challenge to a Notice of Payment Change.

Filing Requirements

  • Notices of Payment Change must be filed using Official Form B410S1.
  • A copy of the Notice must be served on the debtor, debtor's attorney and trustee.
  • An appearance is not required. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Claims > Claim Events.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Payment Change (Rule 3002.1), Notice of from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. If a proof of claim has previously been filed relating to the mortgage, select the Proof of claim form has been filed radio button. (You will be asked to select the related claim in the a later step.) Otherwise, select the Proof of claim form has NOT been filed radio button. Click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Click to select the claim to which the Notice relates and click Next (this step is skipped if you indicated in step 7 that a proof of claim has not been filed).

10. Final docket text is displayed for review. Click Next.

11. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Objection to Claim

Official Procedure Last Change May 31, 2018

Objection to Claim

How to file:

Location of event: Bankruptcy > Claims > Claim Events > Objection to Claim

Things to be aware of when filing: Use of the court's sample combined objection and notice form is encouraged.

  • 11 USC 502(a, b)
  • FRBP 3007, 3012(a)
  • S. D. Ind B-3007-1

General Information

  • This event is to be used when objecting to a single claim for a reason other than those filed pursuant to FRBP 3007(d).
  • For an objection to a secured claim, a request to determine the amount of the secured claim may be included in the Objection.
  • If an affected claimant does not agree with the objection, they can file a Response to Objection to Claim before the response deadline. The court will then set a hearing on the issue.
  • If no response is filed before the response deadline, the court will enter an order sustaining the objection. If a party wishes to have that order reconsidered, they can file a Motion to Reconsider Order on Claim(s). 

Filing Requirements

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Claims > Claim Events.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Objection to Claim from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. A reminder notice is displayed. Click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

Note: Any supporting documents, response notice or Certificate of Service may be added as an attachments to this document.

9. Click to select the claim to which you are objecting and click Next.

10. Select appropriate radio button to indicate whether the response notice is included or will be filed separately and click Next.

Note: Choose the Notice is attached to this event option if you attached the notice in step 8, or if the notice is included in the same PDF as the Objection.

11. If you indicated that the response notice is included:

a. Enter the date that notice was served (which may be different from the date you are filing it) and click Next.

b. The response deadline is calculated and displayed. Click Next.

12. Select prefix text, if applicable, and click Next.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Objection to Claim Notice

Official Procedure Last Change July 31, 2017

Objection to Claim Notice

How to file:

Location of event: Bankruptcy > Claims > Claim Events > Objection to Claim(s) Notice

Things to be aware of when filing: This event is only used if an Objection to Claim or Omnibus Objection to Claim was previously filed without its objection notice.

  • 11 USC 502(a)
  • FRBP 3007, 9014
  • S. D. Ind B-3007-1

General Information

Objections to Claims and Omnibus Objections to Claims require the filing party to serve a 30-day response notice on all affected claimants. If the notice was not included at the time of filing of the objection, it should be filed separately using the instructions below.

Filing Requirements

  • The notice must specify a response deadline of 30 days from the date of service of the notice.
  • A Certificate of Service must be included showing service on the each affected claimant and all parties of interest. View sample 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Claims > Claim Events.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Objection to Claim(s) Notice from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Select the objection to which the notice you are filing relates and click Next.

9. If you indicated that the notice relates to an Omnibus Objection, select from the drop-down list which number that Omnibus Objection is (first, second, etc).

10. Enter the date that notice was served (which may be different from the date you are filing it) and click Next.

11. The response deadline is calculated and displayed. Click Next.

12. Select prefix text, if applicable, and click Next.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Objection to Claims (Omnibus)

Official Procedure Last Change November 4, 2019

Objection to Claims (Omnibus)

How to file:

Location of event: Bankruptcy > Claims > Claim Events > Objection to Claims (Omnibus)

Things to be aware of when filing: The use of the court's sample combined Omnibus Objection to Claims form is encouraged.

  • 11 USC 502(a, b)
  • FRBP 3007
  • S. D. Ind B-3007-1

General Information

  • This event is to be used when objecting to more than one claim pursuant to FRBP 3007(d). An objection to a single claim in a case, or objections to claims that do not fall into one of the specified categories, must be filed as separate objections using Objection to Claim.
  • If an affected claimant does not agree with the objection, they can file a Response to Objection to Claim before the response deadline. The court will then set a hearing on the issue.
  • If no response is filed before the response deadline, the court will enter an order sustaining the objection. If a party wishes to have that order reconsidered, they can file a Motion to Reconsider Order on Claim(s).
  • Withdrawing an omnibus objection to claim as to a single claim: This should be done by either the filing of an amended objection, or the issue dealt with through language in the subsequent order.

Filing Requirements

  • The objection must be signed by the filing party.
  • The objection must be numbered consecutively with other omnibus objections filed by the same objector.
  • A 30 day response notice must be included. The notice may be included in the body of the objection or filed separately using the Objection to Claim(s) Notice event.
  • The use of the court's sample combined Omnibus Objection to Claims form is encouraged.
  • A Certificate of Service must be included showing service on the affected claimant and all parties of interest. View sample
  • Filing party is responsible for uploading a proposed order. View sample 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Claims > Claim Events.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Objection to Claims (Omnibus) from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. A reminder notice is displayed. Click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

Note: Any supporting documents, response notice or Certificate of Service may be added as an attachments to this document.

9. If there is already an Omnibus Objection on file in this case, you will be asked whether or not you have filed one previously in this case. If so, you will be asked to select from a drop-down list which number it is (second, third etc) or you will need to select the appropriate radio button

Note: This applies even if the original Omnibus Objection was withdrawn. The subsequent Omnibus Objection would be selected as Second during filing.

10. Select appropriate radio button to indicate whether the response notice is included or will be filed separately and click Next.

Note: Choose the Notice is attached to this event option if you attached the notice in step 8, or if the notice is included in the same PDF as the Objection.

11. If you indicated that the response notice is included:

a. Enter the date that notice was served (which may be different from the date you are filing it) and click Next.

b. The response deadline is calculated and displayed. Click Next.

12. Select prefix text, if applicable, and click Next.

13. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

14. Upload proposed order.

Proofs of Claim

 Official Procedure Last Change March 15, 2018

Proofs of Claim

How to file:

Location of event: Bankruptcy > Claims > File Claims

Things to be aware of when filing: When choosing the creditor from the drop-down list, be sure to choose the correct creditor, and to update the address if necessary. The court will not make corrections if the necessary changes are not made.

FRBP 2002(g), 3001, 5003(b)

General Information

  • Outside filers are responsible for ensuring that the correct creditor address is used to docket the claim. An invalid address will likely result in no notices being sent to the creditor. If the address is incorrect, the court will take no corrective action.
  • If a case has more than 300 creditors, a claims agent will be appointed who is responsible for receiving and maintaining all claims filed in the case. If a claims agent has been appointed, you will be advised during the filing of the claim, and you will need to mail the claim to that agent instead of attempting to file via CM/ECF.
  • Creditors can only file an administrative claim if (1) an Application for Payment of Administrative Expense or Administrative Claim has been filed and granted by the Court; or (2) professional fees are permitted by General Order/Local Rule; or (3) the case is or began as an involuntary case and the claim arises under 11 U.S.C. Section 502.
  • There is a special batch upload program available for creditors who regularly file very large volumes of claims (for instance, several hundred), and who are willing to arrange for the necessary programming and testing. Contact the court's Data Quality Analyst for further information. 

Filing requirements

  • Proofs of Claims must be filed using Official Form B410. (Not required if using the court's ePOC system, since that system generates the form in response to information entered by the filer.)
  • If the claim is secured by a security interest in a debtor’s principal residence, Form B410A must be filed along with the Proof of Claim form.

Note: After filling in the form, you will need to convert it to a PDF file by utilizing either Adobe Acrobat Professional, Adobe Writer, or some other software for making PDF files. Do not use the red Save As... button on the bottom of the form to convert to PDF. Instead, use the Print button and choose your PDF writing software as the printer. You will then be given the option to name and save the PDF file to disk, which you will attach in Step 9 below.

Step-by-Step Instructions

1. Log into CM/ECF.

If you do not have a login for CM/ECF, the easiest way to file a Proof of Claim or amend an existing claim is to use the court's ePOC system, which allows any creditor to prepare and file a claim online. View instructions on filing a claim using ePOC

If you have a CM/ECF login, the following instructions may be used instead.

2. Select Bankruptcy > Claims > File Claims.

3. Enter case number (in the format xx-xxxxx). If filing an amended claim, check the Filing an amended claim box.

4. Click Next.

Note: If the case number you entered refers to a case that is either closed or has been transferred to another court (or office within this court), a warning message is displayed. Make sure that you entered the correct case number before proceeding.

5. If you are filing a claim for an administrative expense, click Add Creditor, enter the creditor name and address in the large text box, select the Yes radio button, then click Next then Submit. Now skip to step 7.

Notes:

  • Before choosing this option, review information in General Information above to make sure that the qualifications are met for filing your claim as an Administrative Claim.
  • If the creditor name is already listed on the case, you will still need to add it again in order to file an administrative claim. However, CM/ECF will not allow you to add an exact duplicate of a creditor already on the case. Therefore, you will need to ensure that the creditor name and address that you adding differs by at least one character from the record already on the case (e.g. enter Drive instead of Dr).

6. Click the drop down list to display all creditors in the case, or if filing an amended claim, all the creditors in the case that have previously filed claims.

  • If the correct creditor is shown with the correct address, click on the creditor to select it. Confirm that the creditor displayed in the pop-up window is the correct one. If so click Yes. If not correct, click No and re-select.
  • NON-AMENDED CLAIMS (if you did not check the Amended Claim box in step 3 above): If the creditor is not listed in the drop down list, or if the creditor is listed but not with the correct address, click on (select a creditor) to close the drop-down list, then click Add Creditor, enter creditor information, click Next then Submit.
  • AMENDED CLAIMS (if you checked the Amended Claim box in step 3 above):
    • If the creditor is not listed in the drop down list, click the Back button on your browser to return to the previous screen, uncheck the Filing an amended claim box, then click Next. (You will be able to add the amendment information in a later step.) Click Add Creditor, enter creditor information, click Next then Submit.
    • If the creditor is listed but not with the correct address, select the creditor from the list, then click the X in the top right-hand corner of the Claims filed on behalf of creditor window, which will close the window. Click Edit Creditor, make any alterations needed, then click Submit

7. Select correct filing party from the Filed By: drop-down box.

8. If this is an Amended Claim:

a. Click the Find button to show all claims filed in the case, and click on the claim number of the claim that is being amended.

Note: You must click the Find button even if you already know the number of the claim you are amending. You cannot just type the number into the box.

b. All the information from the original claim will be shown. To remove the information that is being amended, click on the appropriate radio button at the bottom of the screen

9.  In the Amount Claimed box, enter the total amount of the claim (as shown in question 7 of the claim form).

10. If any part of the claim total is secured, enter the secured amount in the Secured box (as shown in Amount of the claim that is secured in question 9 of the claim form). Any amount entered in this box should not be more than the amount entered in the previous step.

11. If any part of the claim total is priority, enter the amount entitled to priority in the Priority box (as shown in question 12 of the claim form). Any amount entered in this box should not be more than the amount entered in step 9.

12. Browse to attach the document to be filed (pdf file). Click Next.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Response to Notice of Final Cure Payment

Official Procedure Last Change December 1, 2019

Response to Notice of Final Cure Payment

How to file:

Location of event: Bankruptcy > Claims > Claim Events > Final Cure Payment (Rule 3002.1), Response to Notice of

These instructions are for attorneys only. See separate procedure for instructions for limited users. 

This event is made available for use at the end of a Chapter 13 plan, as part of the process of determining whether or not a mortgage is current.

The trustee or debtor files a Notice of Final Cure Payment when they believe that a mortgage is current.

The mortgage holder is required to file a Response to Notice of Final Cure Payment within 21 days of service of the Notice, even if they do not dispute the Notice. If the Notice is disputed, a Motion for Determination of Final Cure and Payment can be filed by the debtor or trustee to request that the Court set a hearing in order to make a determination on the status of the mortgage.

The Notice of Final Cure Payment is added to the claims register as a claims supplement, not to the docket, and can be viewed only by accessing the claims register.

Filing Requirements

  • Official Form B4100R must be used.
  • An attachment must be included that contains the information required by S. D. Ind. 3002.1-3.
  • A copy of the Response must be served on the debtor, debtor's attorney and trustee.
  • The Response must:
    • state whether the claim holder agrees that the debtor has paid in full the amount required to cure the default on the claim,
    • state whether the debtor is otherwise current on all mortgage payments, and
    • itemize the required cure or postpetition amounts, if any, that the holder contends remain unpaid as of the date of the statement.
  • An appearance is not required.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Claims > Claim Events.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Final Cure Payment (Rule 3002.1), Response to Notice of from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Click to select the claim to which the Response relates and click Next.

9. Select appropriate radio buttons to indicate whether you are agreeing or disagreeing, then click Next.

10. Final docket text is displayed for review. Click Next.

11. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Response to Objection to Claim

Official Procedure Last Change June 2, 2017

Response to Objection to Claim

How to file:

Location of event: Bankruptcy > Claims > Claim Events > Response to Objection to Claim(s)

  • 11 USC 502(a, b)
  • FRBP 3007

General Information

  • If a party has filed an objection to claim, the affected claimant has 30 days in which to file a response if they do not agree with the objection.
  • If no such response is filed, the court may enter an order upholding the objection. If a response is filed, a hearing may be set.

Filing Requirements

  • If more than one objection has been filed to the claim, separate responses must be filed to each objection.
  • The Response must be signed by the filing party.
  • A Certificate of Service must be included certifying that the Response was served on the debtor or debtor's attorney, the Trustee, and the US Trustee.
  • If the moving party is represented by an attorney, an appearance must be filed as a separate event.
  • A proposed order must be uploaded

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Claims > Claim Events.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Response to Objection to Claim(s) from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Select the objection to claim to which you are responding and click Next. Note that only one objection should be selected - if there is more than objection to the claim, you will need to file separate responses to each objection.

9. Select prefix text, if applicable, and click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Satisfaction of Claim

Official Procedure Last Change June 27, 2016

Satisfaction of Claim

How to file:

Location of event: Bankruptcy > Claims > Claim Events > Satisfaction of Claim

 

These instructions are for attorneys only. See separate procedure for instructions for limited users. 

General Information

A satisfaction of claim may be filed by a claimant to advise the court that the claim has now been paid in full.

Filing Requirements

  • The document must be signed by the filing party.
  • The document must specify which claim has been satisfied, using the Court claim number (this can be located in CM/ECF by going to Reports > Claims Register). 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Claims > Claim Events.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Satisfaction of Claim from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Click the claim in the list that has been satisfied then click Next.

9. Final docket text is displayed for review. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Transfer of Claim

Official Procedure Last Change March 28, 2018

Transfer of Claim

How to file:

Location of event: Bankruptcy > Claims > Claim EventsTransfer of Claim

Things to be aware of when filing: The Transfer of Claim document may only be one page long. Any additional documents filed with the transfer must be uploaded separately by selecting the Yes radio button for Attachments to Documents.

  •  FRBP 3001(e)

These instructions are for attorneys only. See separate procedure for instructions for limited users. 

General Information

  • If a claim has been transferred other than for security after the Proof of Claim has been filed, evidence of the transfer must be filed with the Court.
  • The Court will issue a notice to the transferor (the original holder of the claim) giving them opportunity to object to the transfer.

Filing Requirements

  • A Transfer of Claim filing fee is due for each transfer filed.
  • Transfer of Claim should be filed using Official Form B2100A. Do not include an objection notice or proposed order.
  • If you wish to include any other documents along with the transfer of claim, these must be added as a separate PDF using the Attachments option when uploading the transfer of claim PDF. The transfer of claim PDF must be a single page only.
  • Transfer of Claim must be signed by the filing party.
  • The document must specify which claim is being transferred, using the Court claim number (this can be located in CM/ECF by going to Reports > Claims Register).

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Claims > Claim Events.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Transfer of Claim from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Filing fee amount is displayed. Click Next.

9. Consolidated cases only: The transfer of claim must be filed in the lead case, but the claim being transferred may have been filed in a member case.

  • If this is so, choose No and click Next, then enter the requested transfer information and click Next, then skip to step 15.
  • If the claim being transferred is in the lead case, choose Yes then click Next.

Cases with claims agents only: Enter the requested transfer information and click Next, then skip to step 15.

10. Click the Search Creditors button to locate the transferee (the party receiving the claim).

11. If the transferee is listed with the correct address: Click to select it then click Select.

If not listed, or listed with an incorrect address:
    a. Click Close
    b. Click Add New Creditor
    c. Type the name and address of the transferee into the text box then click Submit.

12. Click the Search Creditors button to locate the transferor (the party from whom the claim is being transferred).

13. Click to select the party who currently holds the claim (be sure to select the one with the correct address if there is more than one record for the creditor) then click Select.

14. If there is no claim associated with the record you selected, a list of all claims filed on the case is displayed. Select the claim that is being transferred.

15. If all the information displayed is correct, click Next. If a correction needs to be made, click Clear to start over.

16. Verify the final docket text; if correct, click Next.

17. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Withdrawal of Proof of Claim

Official Procedure Last Change April 22, 2019

Withdrawal of Proof of Claim

How to file:

Location of event: Bankruptcy > Claims > Claim Events > Withdrawal of Claim, Notice of

Things to be aware of when filing: A Motion to Withdraw Claim must be filed instead of a Notice of Withdrawal of Claim in certain circumstances.

  •  FRBP 3001(e)

These instructions are for attorneys only. See separate procedure for instructions for limited users. 

General Information

  • A Motion to Withdraw Claim must be filed instead of a Notice of Withdrawal of Claim if any of the following are true:
    • An objection has been filed to the claim, or
    • a complaint has been filed against the creditor in an adversary proceeding, or
    • the creditor has accepted or rejected the plan or otherwise has participated significantly in the case, or
    • the claim was filed by the trustee or debtor on behalf of a creditor.

If none of the above apply, use the instructions on this page to withdraw a claim.

  • Attorneys for debtor cannot withdraw a claim using this event. Should a need arise to do so, the attorney for debtor may file a withdrawal using the Notice of Submission event.
  • To withdraw an amended claim where the original claim is still valid, use the Notice of Submission event. (Use of the instructions below will withdraw the entire claim, not just the amended one.)

Filing Requirements

  • A Withdrawal of Claim must be signed by the filing party.
  • The document must specify which claim is being withdrawn, using the Court claim number (this can be located in CM/ECF by going to Reports > Claims Register).

Step-by-Step Instructions

1. Log into CM/ECF.

If you do not have a login for CM/ECF, the easiest way to withdraw a Proof of Claim is to use the court's eWOC system, which allows any creditor to file a withdrawal of claim online. View instructions on withdrawing a claim using eWOC

If you have a CM/ECF login, the following instructions may be used instead.

 2. Select Bankruptcy > Claims > Claim Events.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Withdrawal of Claim, Notice of from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to attach the document to be filed (pdf file). Click Next.

8. Click the claim(s) in the list that are being withdrawn then click Next.

Note: If the claim number and/ or other information detailing the exact claim to be withdrawn is missing from the document skip this step and continue filing. Click OK when warning window appears

9. Verify the final docket text; if correct, click Next.

10. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Discharges

Certification of Eligibility for Chapter 12/13 Discharge

Official Procedure Last Change June 19, 2017

Debtor's Certification of Eligibility for Chapter 12/13 Discharge

How to file: 

Location of event: Bankruptcy > Notices & Certifications > Certification of Eligibility for Chapter 12/13 Discharge

Things to be aware of when filing: If the case was closed without entry of the Discharge, the Certification of Eligibility cannot be filed until the court has reopened the case.

 

General Information

Click here for sample Certification form

  • Within 30 days of the trustee’s Notice of Plan Completion, the debtor must file both a Motion for Entry of Chapter 12/13 Discharge and, for each Debtor, a Certificate of Eligibility. Failure to timely file the Motion and/ or Certificate may result in issuance of an Order of No Discharge.
  • If only one Certificate of Eligibility is submitted for one Debtor in a joint case, the discharge may be issued for that debtor only.
  • If one Certificate of Eligibility is submitted for both Debtors in a joint case the Bankruptcy Court will issue a Notice of Deficient Filing. If the deficiency is not cured, the court may issue an Order of No Discharge.
  • The discharge will be issued by the court 21 days after all the above documents have been filed.
  • If an Order of No Discharge has been entered and the debtor wishes to receive a discharge, the debtor must file a Motion for Relief from Order in No Discharge along with the missing required documents.
  • If the case is closed without entry of the Discharge, the debtor must also file a Motion to Reopen and pay the required filing fee before the Debtor can take the corrective action shown above to qualify for and receive the discharge. However, the Certification of Eligibility cannot be filed until the court has reopened the case.

See information on deceased debtors

Filing requirements

  • A separate Certification of Eligibility must be submitted for each Debtor in a joint case. Certificates of Eligibility for each Debtor may be filed either as an attachment to or concurrently with the Motion for Entry of Chapter 12/13 Discharge.
  • Each Certification of Eligibility must be signed by the debtor to whom it relates.
  • If there is a domestic support obligation, a copy of an objection notice to the DSO holder along with Certificate of Service must be included. Use of the court's sample form is recommended.

Step-by-Step Instructions

 1. Log into CM/ECF.

2. Select Bankruptcy > Notices & Certifications.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Certification of Eligibility for Chapter 12/13 Discharge from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Select the appropriate radio button to indicate whether there is a domestic support obligation and click Next.

9. Ensure check box next to Motion for Entry of Discharge is marked. Click Next.

10. Objection to discharge date is calculated and displayed. Click Next.

11. Select prefix text, if applicable, and click Next.

12. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Chapter 12/13 Discharges

Official Procedure Last Change June 1, 2015

Chapter 12/13 Discharges

  • 11 USC 1328(a)

General Information

  • The trustee shall file a Notice of Plan Completion after all payments have been received.
  • Within 30 days of the trustee’s Notice of Plan Completion or prior to the trustee’s Final Report, whichever is later, the debtor shall file both a Motion for Entry of Chapter 12/13 Discharge and, for each Debtor, a Certificate of Eligibility. Failure to timely file the Motion and/ or Certificate may result in the issuance of an Order of No Discharge.
  • A separate Certificate of Eligibility must be submitted for each Debtor in a joint case. Certificates of Eligibility for each Debtor may be filed either as an attachment to or concurrently with the Motion for Entry of Chapter 12/13 Discharge.
  • The discharge will be issued by the court 21 days after all the above documents have been filed.

See information on deceased debtors

Domestic Support Obligation Notice

Official Procedure Last Change October 16, 2012

Domestic Support Obligation Notice

How to file: 

Location of event: Bankruptcy > Notices & Certifications > Domestic Support Obligation Notice

Things to be aware of when filing: If the case was closed without entry of the Discharge, the Domestic Support Obligation Notice cannot be filed until the court has reopened the case.

General Information

This event is used when a Motion for Entry of Discharge - DSO has already been filed, but the 21-day Objection Notice was not filed as part of that Motion. This event allows the separate filing of the Objection Notice without the need to re-file the entire Motion.

Filing requirements 

  • Use of the Court's sample form is recommended.
  • The Notice must specify:
    • A 21 day objection period from the date the Notice was served;
    • The address of the Clerk's office to which any objections must be sent.
  • The Notice must be signed by the filing party.
  • A Certificate of Service must be included.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Notices & Certifications.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Domestic Support Obligation Notice from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Check the Motion for Entry of Discharge or Certification of Eligibility to which the objection notice relates and click Next.

9. Objection deadline is calculated and displayed. Click Next.

10. Select prefix text, if applicable, and click Next.

11. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Hardship Discharges

Official Procedure Last Change April 3, 2020

Hardship Discharges

How to file:

Location of event: Bankruptcy > Motions, Applications & Briefs > Discharge, Motion for Hardship

Things to be aware of when filing: The Certification for Eligibility and Certification of Financial Management course must be filed along with the Motion for Hardship Discharge unless the debtor for whom the hardship discharge is sought is deceased, in which case the requirement is waived.

General Information

Hardship discharges apply to Chapter 12 and 13 cases only.

Filing requirements

  • Motion must be signed by filing party.
  • A Certificate of Service must be included.
  • It is not necessary to upload an order - the court will prepare one.
  • The following documents must be filed along with the Motion (unless the debtor for whom the hardship discharge is sought is deceased, in which case the requirement is waived):

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Discharge, Motion for Hardship from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the debtor (both debtors in a joint case) and click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

Note: The Debtor(s) Certificate of Eligibility and/or notice to domestic support obligation holder may be attached to the motion. A separate Certificate is required for each Debtor in a joint case, unless the debtor for whom the hardship discharge is sought is deceased, in which case the requirement is waived.

10. Select appropriate radio button regarding the Certification of Eligibility and click Next.

11. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

13. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion for Entry of Chapter 12/13 Discharge

Official Procedure Last Change June 19, 2017

Motion for Entry of Chapter 12/13 Discharge

How to file:

Location of event: Bankruptcy > Motions, Applications & Briefs > Discharge, Motion for Entry of Chapter 12/13 - No DSO or Discharge, Motion for Entry of Chapter 12/13 - DSO

Things to be aware of when filing: If the case was closed without entry of the Discharge, the Motion for Entry cannot be filed until the court has reopened the case.

General Information

Click here for sample Motion for Entry of Chapter 13 Discharge

  • Within 30 days of the trustee’s Notice of Plan Completion, the debtor shall file both a Motion for Entry of Chapter 12/13 Discharge and, for each Debtor, a Certificate of Eligibility. Failure to timely file the Motion and/ or Certificate may result in the issuance of an Order of No Discharge.
  • If an Order of No Discharge has been entered, the debtor must file a Motion for Relief from Order of No Discharge along with the missing required documents in order to receive a discharge.
  • If the case was closed without entry of the discharge, the debtor must also file a Motion to Reopen and pay the required filing fee before the Debtor can take the necessary corrective action to qualify for and receive the discharge. The Motion for Entry of Discharge cannot be filed until the court has reopened the case.
  • The Motion for Entry of Chapter 12/13 Discharge cannot be filed if the Notice of Plan Completion has not been filed, or if the Notice was filed but subsequently withdrawn.
  • A single Motion for Entry of Chapter 12/13 Discharge may be submitted for both Debtors in a joint case. A Certificate of Eligibility for each debtor may be filed concurrently with or as an attachment to the motion.
  • The discharge will be issued by the court after the expiration of the objection deadline as shown on the docket.

See information on deceased debtors

Filing requirements

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select one of the following from the event list and click Next:

  • Discharge, Motion for Entry of Chapter 12/13 - No DSO (if the Certification states that there is no Domestic Support obligation).
  • Discharge, Motion for Entry of Chapter 12/13 - DSO (if the Certification states that there is a Domestic Support obligation - you will be required to attach a notice to the DSO holder).

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

Note: The Debtor(s) Certificate of Eligibility and/or notice to domestic support obligation holder may be attached to the motion. A separate Certificate is required for each Debtor in a joint case.

10. Ensure check box next to Trustee’s Notice of Plan Completion is marked. Click Next.

11. Select appropriate radio button regarding the Certification of Eligibility (and notice to domestic support obligation, if applicable). Click Next. Review ECF notice, if presented, and click Next.

12. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

13. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

14. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Request for Entry of Chapter 11 Discharge Prior to Completion of Plan Payments

Official Procedure Last Change June 24, 2013

Request for Entry of Chapter 11 Discharge Prior to Completion of Plan Payments

How to file: 

Location of event: Bankruptcy > Motions, Applications & Briefs > Discharge Pursuant to Sec. 1141(d)(5)B), Request for Entry of Chapter 11

Things to be aware of when filing: This event should not be used if a discharge is being sought after completion of all payments called for by the plan.

General Information

  • A Request for Entry of Chapter 11 Discharge can be filed when an individual debtor is unable to complete the payment terms of the Chapter 11 plan but wants the discharge anyway. The Court will issue an objection notice and/or set a hearing.
  • This event should not be used if a discharge is being sought after completion of all payments called for by the plan. In such an instance, an Application for Final Decree should be filed, which also serves as the request for discharge.

Filing requirements

  • The Request must be signed by the filing party or their attorney.
  • A Certificate of Service must be included.
  • Moving party is required to upload a proposed order.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Discharge Prior to Completion of Plan Payments, Request for Entry of Chapter 11 from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

11. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.

Tips on Denial, Revocation and "Restoration" of Discharge

Official Procedure Last Change September 9, 2013

Tips on Denial, Revocation and "Restoration" of Discharge

Steps for Obtaining Denial or Revocation of Discharge

1. File an adversary proceeding.

2. If plaintiff elects to dismiss the adversary proceeding before an answer or response has been filed, file a Notice of Dismissal and serve that notice on the case trustee, the United States Trustee, any counsel that have appeared in either the adversary proceeding or the bankruptcy case, and any party that has intervened in the adversary proceeding pursuant to Fed.R.Bankr.P. 7024.

3. If a settlement is reached that does not include denial or revocation of discharge, file either a stipulation of dismissal or an agreed consent to judgment in the adversary proceeding.

  • Use Stipulation of Dismissal if the dismissal is effective without further action by the debtor.
  • Use Agreed Consent to Judgment if the debtor is required to take further actions to keep or receive the discharge.  In that agreement spell out the procedure that will be followed for denying/revoking discharge if the debtor fails to comply.

4. If filing a Stipulation of Dismissal, serve a copy on any case trustee, the United States Trustee, any counsel that have appeared in either the adversary proceeding or the bankruptcy case, and any party that has intervened in the adversary proceeding pursuant to Fed.R.Bankr.P. 7024.

5. If filing an Agreed Consent to Judgment, besides serving a copy on the parties listed in paragraph 4, also file a Motion to Compromise and Settle in the bankruptcy case, so that other parties receive notice of the terms of the settlement and have the opportunity to object.

Steps for Enforcing Terms of Settlement

If the debtor’s discharge was not denied or revoked but the debtor agreed to comply with certain terms or be subjected to denial/revocation of discharge, and the court entered an order approving that settlement after notice, then the settlement can be enforced in the case without reopening the adversary proceeding.

Example: Debtor agrees to remit funds due the estate, and agrees that if debtor fails to do so by date certain trustee can file notice of failure in the legal case, with service on debtor and debtor’s counsel, and if no response by debtor Court can enter order revoking discharge without further notice and hearing. Proposed settlement is filed in the legal case, and after notice the Court enters an order accepting the terms.  If debtor later defaults, trustee can proceed as agreed in the legal case - and discharge can be revoked without reopening the adversary proceeding or commencing a new one.

Steps for “Restoration” of Discharge

The proper procedure for giving back the debtors their discharge depends upon how denial or revocation occurred in the first place.

A. If denial or revocation of discharge occurred through an adversary proceeding:

1. File a Motion to Reopen the legal case if the case is closed. A reopening fee applies.

2. File a Motion to Reopen the adversary proceeding, if it has been closed. No reopening fee applies.

3. File a Motion for Relief from Judgment/Order in the Adversary case and upload a proposed order granting. It is not necessary to file the Motion in the legal case as well.

4. If the Motion for Relief from Judgment/Order is granted, then after entry of the order, the Court will issue a notice to all creditors advising that the discharge has been reinstated. Once that notice has been issued, file a Motion to Dismiss or a Notice of Dismissal of the adversary proceeding, as appropriate. Serve that motion or notice on any case trustee, the United States Trustee, any counsel that have appeared in the adversary proceeding, any counsel that have appeared in the bankruptcy case, and any party that has intervened in the adversary proceeding pursuant to Fed.R.Bankr.P. 7024.

B. If denial or revocation of discharge was as a result of the debtors’ default on an agreed entry, and that agreed entry was properly noticed and approved in the legal case, then file a Motion for Relief from Judgment/Order as to the order that revoked the discharge. Once that order is entered, then the Court will send notice of the fact the discharge is no longer revoked.

Waiver of Discharge

Official Procedure Last Change November 22, 2013

Waiver of Discharge

How to file:

Location of event: Bankruptcy > Miscellaneous > Waiver of Discharge

Things to be aware of when filing: Requesting a waiver of discharge is a serious decision that has significant effects on the debtor's rights. Be sure that this is the event that you really want to file.

  • 11 USC 727(a)(10)

General Information

  • A waiver of discharge can be filed by the debtor at any time during the pendency of a case.
  • A hearing will be set to enable the judge to ascertain that the debtor is fully apprised of the waiver's effect and that it was freely executed.
  • If the waiver is approved, the court will send a Notice of No Discharge to all creditors.

Filing requirements

  • The waiver must be signed by the debtor. Signature of the debtor's attorney alone is not sufficient.
  • The waiver must be filed in the legal case, not in an adversary proceeding.
  • It is not necessary to upload a proposed order - the court will prepare one.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Miscellaneous.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Waiver of Discharge from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. Browse to attach the document to be filed (pdf file). Click Next.

9. Final docket text is displayed. Click Next.

10. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

File Involuntary Bankruptcy Case and Pleadings

Answer to Involuntary Petition

Official Procedure Last Change December 1, 2019

Answer to Involuntary Petition

How to file:

Location of event: Bankruptcy > File Involuntary Bankruptcy Case & Pleadings > File Pleadings in Involuntary Case > Involuntary Answer

  • 11 USC 303(d)(h)
  • FRBP 1007 (a)(2), 1013

          

General Information

  • An Answer filed by a debtor is a formal written statement that either consents or objects to the petition that was filed by a petitioning creditor.  The deadline for filing a response is 21 days from the date the Summons was issued by the court to the petitioning creditors.
  • Once the time to file an answer has passed, the court makes a determination as to whether or not the Involuntary Petition will be allowed to proceed. If the debtor fails to file an answer before the deadline, the court may enter an order for relief as requested in the petition without further notice to the debtor.
  • Seven days after the entry of the Order for Relief, the debtor must file a list of creditors, a diskette containing the list of creditor and a Statement of Social Security Number (if the debtor is an individual). The debtor must file Schedules and Statement of Financial Affairs 21 days after the entry of the Order. 

Filing requirements

  • The Answer must be signed by the filing party.
  • The Answer must contain a Certificate of Service.
  • A Corporate Ownership Statement must be filed if the debtor is not an individual or a governmental unit.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Involuntary Bankruptcy Case & Pleadings > File Pleadings in Involuntary Case.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Involuntary Answer from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

6. Browse to attach the document to be filed (pdf file). Click Next.

7. Select the Involuntary Petition to which the answer relates and click Next.

8. If applicable, select prefix text and/or insert text in text field, then click Next.

9. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Consent to Order for Relief

Official Procedure Last Change May 12, 2016

Consent to Order for Relief

How to file:

Location of event: Bankruptcy > File Involuntary Bankruptcy Case & Pleadings > File Pleadings in Involuntary Case > Consent to Entry of Order for Relief

Things to be aware of when filing: The consent must be as to relief under the chapter proposed by the involuntary petition.

General Information

  • At any time after the filing of an involuntary petition and before the adjudication of that petition, the alleged debtor can file a consent to the entry of an order for relief. 
  • After the filing of such consent, the Court may enter the order for relief without further notice or hearing.

Filing requirements

  • The consent must be signed by the debtor.
  • The consent must be as to relief under the chapter proposed by the involuntary petition.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Involuntary Bankruptcy Case & Pleadings > File Pleadings in Involuntary Case.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Consent to Entry of Order for Relief from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

6. Browse to attach the document to be filed (pdf file). Click Next.

7. Final docket text is displayed. Click Next.

8. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Filing an Involuntary Petition

Official Procedure Last Change April 4, 2018

Filing an Involuntary Petition

How to file:

Location of event: Bankruptcy > File Involuntary Case & Pleadings > File Involuntary Case

  • 11 USC 303(b)
  • FRBP: 1003, 1010, 1011(a), (b), 1013
  • S. D. Ind. B-1010-1, B-1010-2

General Information

  • An involuntary Chapter 7 or 11 case may be commenced under certain circumstances by a petition filed by creditors holding claims against the debtor. 11 USC Section 303(b)
  • If an involuntary petition is commenced by a party who is not represented by counsel, the Clerk shall assign a number to the case and seal the name, the petition, and any documents filed with the petition. Within seven (7) days of the filing, the assigned Judge will review the petition and supporting documents to determine whether the seal should be continued, lifted or modified. The Clerk will notify the UST via telephone of the filing of any involuntary petition that is subject to Local Rule B-1010-1.
  • When an involuntary petition is filed, the Clerk's office will issue a Summons to Debtor in Involuntary Case to the petition creditor(s) who will provide service on the debtor. The debtor will have 21 days from the date of service to contest or object to the petition. The Court will determine the issues of a contested petition and enter an order for relief, dismiss the petition, or enter any other appropriate order. If no pleading or other defense is filed within the time provided, the Court will enter the order for the relief requested in the petition without further notice.
  • An Involuntary Petition can only have one debtor. If more than one debtor exists, a separate involuntary petition must be filed for each individual debtor.
  • If the debtor resides out-of-district, he/she must have resided within the district where the petition is being filed for the greater part of the last 180 days. The current address, even if out-of-district, must be stated on the petition. The county of residents in which the debtor used to live (within district) must be reflected on the petition and selected during the ECF filing process.
  • Pursuant to local rule 9010-1, each attorney representing a petitioning creditor must file a separate appearance for such party. Only those attorneys who have filed an appearance in a pending action shall be entitled to receive service of case documents. Each appearance must be filed as a separate event and failure to file an appearance may result in a Notice of Deficient Filing or other action from the court.

Filing requirements

  • Filing fee for the appropriate chapter.
  • Petitioning creditors must file using Official Form B105 (individual debtors) or B205 (non-individual debtors).
  • The Petition must be signed by all petitioning creditors and their attorneys.
  • Unless petitioning creditor is an individual or a governmental unit, a Statement of Corporate Ownership must be filed along with the petition.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Involuntary Case & Pleadings > File Involuntary Case.

3. Select chapter, click Next.

4. Enter Debtor’s/ Joint Debtor’s name or SSN. Click Search.

Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.

5. Select Create New Party.

6. Enter all Debtor/ Joint Debtor information.

7. Click Alias to add any aliases.

8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

9. Click Review to proof added information. Click Return to Party Screen after review.

10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)

11. Enter Petitioning Creditor’s name or SSN. Click Search.

12. Select Create New Party.

13. Enter all petitioning creditor information.

14. Click Alias to add any aliases.

15. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

16. Click Review to proof added information. Click Return to Party Screen after review.

17. Click Submit. Repeat steps 11 - 17 for all other petitioning creditors.

18. When all petitioning creditors are entered, click End Petitioning Creditor Selection.

19. Assigned divisional office is displayed. Click Next.

20. Complete remaining Petition information and click Next.

21. Browse to select the document to be filed and click Next.

Note: Corporate petitioning creditors must file a Corporate Ownership Statement and are required to file separately the statement using the Corporate Ownership Statement event.

22. Click Next.

23. Fee information is displayed. Click Next.

24. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Involuntary Summons

Official Procedure Last Change April 20, 2012

Involuntary Summons

General Information

The Involuntary Summons is a formal command from the Court which notifies the debtor that an involuntary petition was filed, as well as the date and location of the filing and that a response is required within 21 days of service of the summons. The summons is issued immediately by the Court to the petitioning creditor's attorney.

It is the responsibility of the petitioning creditor's attorney to serve the debtor within 14 days and certify service of the summons in writing with the Court via the events Involuntary Summons Certificate of Service or Involuntary Summons Service Unexecuted. Failure to comply may result in a delay in the processing of the case.

Involuntary Summons Certificate of Service

Official Procedure Last Change April 25, 2012

Involuntary Summons Certificate of Service

How to file:

Location of event: Bankruptcy > File Involuntary Bankruptcy Case & Pleadings > File Pleadings in Involuntary Case > Involuntary Summons Certificate of Service

 

General Information

  • Once the court has prepared and docketed the summons, the petitioning creditor is responsible for serving a copy of the summons on the debtor. Once this has been done, the party that served the summons must file a certificate of service using the instructions below.
  • CM/ECF automatically calculates the due date for the debtor's answer to be filed as 21 days after the date service was made.

Filing requirements

  • The Certificate of Service should indicate:
    • the party or parties served,
    • the date service was made,
    • the name of the person making the service, and
    • the method of service.
  • The Certificate of Service should be signed, along with a statement under penalty of perjury that the information is true and correct.
  • The Involuntary Summons Service Certificate of Service event must be used, not the regular Certificate of Service event. If the Summons could not be served on any of the required parties, the Involuntary Summons Service Unexecuted event should be used to indicate which parties were not served.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Involuntary Bankruptcy Case & Pleadings > File Pleadings in Involuntary Case.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Involuntary Summons Certificate of Service from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

6. Browse to attach the document to be filed (pdf file). Click Next.

7. Enter the date service was made, as shown on the Certificate of Service, and click Next.

8. Due date for involuntary answer is calculated and displayed. Click Next.

9. Check box(es) next to appropriate docket entry to which this filing relates and click Next.

10. If applicable, select prefix text and/or insert text in text field, then click Next.

11. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

File Voluntary Bankruptcy Case

Chapter 11 Voluntary Petition

Official Procedure Last Change November 15, 2016

Chapter 11 Voluntary Petition

General Information

Click here for complete filing requirements according to chapter.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Voluntary Bankruptcy Case.

3. Complete petition information screen. Click Next.

4. Enter Debtor’s/ Joint Debtor’s name or SSN. If a business, enter Tax ID. Click Search.

Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.

5. Select Create New Party.

6. Enter all Debtor/ Joint Debtor information.

7. Click Alias to add any aliases.

8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

9. Click Review to proof added information. Click Return to Party Screen after review.

10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)

11. Assigned divisional office is displayed. Click Next.

12. Enter all debtor information and click Next.

13. Select appropriate radio buttons for both questions and click Next.

14. Select appropriate radio button regarding Income and Expense Schedule and click Next.

15. If this is a Small Business filing: Check all items included with Petition and click Next.

16. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.

17. Complete amounts in Summary of Schedules (if known) and click Next.

18. Browse to select the document to be filed and click Next.

19. If you indicated that you are not filing Schedule D, you are asked if you are filing a List of Secured Creditors. Choose appropriate radio button and click Next.

20. Verify fee information (and Ombudsman due date, if applicable).

21. Click Next then Next.

22. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Chapter 12 Voluntary Petition

Official Procedure Last Change November 15, 2016

Chapter 12 Voluntary Petition

General Information

Click here for complete filing requirements according to chapter.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Voluntary Bankruptcy Case.

3. Complete petition information screen. Click Next.

4. Enter Debtor’s/ Joint Debtor’s name or SSN. If a business, enter Tax ID. Click Search.

Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.

5. Select Create New Party.

6. Enter all Debtor/ Joint Debtor information.

7. Click Alias to add any aliases.

8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

9. Click Review to proof added information. Click Return to Party Screen after review.

10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)

11. Assigned divisional office is displayed. Click Next.

12. Enter all debtor information and click Next.

13. Select appropriate radio buttons for both questions and click Next.

14. Select appropriate radio button regarding Income and Expense Schedule and click Next.

15. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.

16. Complete amounts in Summary of Schedules (if known) and click Next.

17. Browse to select the document to be filed and click Next.

18. If you indicated that you are not filing Schedule D, you are asked if you are filing a List of Secured Creditors. Choose appropriate radio button and click Next.

19. Verify fee information.

20. Click Next then Next.

21. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Chapter 13 Voluntary Petition

Official Procedure Last Change November 15, 2016

Chapter 13 Voluntary Petition (Individual/ Consumer Debt)

General Information

Click here for complete filing requirements according to chapter.

Except on the Debtor’s Statement of Social Security Statement, the Debtor’s and/or Joint Debtor’s Social Security Number must be redacted before filing any document with the court.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Voluntary Bankruptcy Case.

3. Complete petition information screen. Click Next.

4. Enter Debtor’s/ Joint Debtor’s name or SSN. Click Search.

Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.

5. Select Create New Party.

6. Enter all Debtor/ Joint Debtor information.

7. Click Alias to add any aliases.

8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

9. Click Review to proof added information. Click Return to Party Screen after review.

10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)

11. Assigned divisional office is displayed. Click Next.

12. Complete statistical information and click Next.

13. Select appropriate radio button to indicate whether the Rights & Responsibilities is included with the Petition. Click Next.

14. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.

15. Complete amounts in Summary of Schedules (if known) and click Next.

16. Browse to select the document to be filed and click Next.

17. Verify fee information.

19. Click Next then Next.

20. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Chapter 15 Petitions

Official Procedure Last Change December 29, 2015

Chapter 15 Petitions for Recognition of a Foreign Proceeding

  • 11 USC 1501-1532
  • FRBP 1012, 2002(q)(1)

General Information

  • A Chapter 15 case is intended to provide effective mechanisms for dealing with insolvency cases involving debtors, assets, claimants, and other parties of interest involving more than one country.
  • Generally, a chapter 15 case is ancillary to a primary proceeding brought in another country, typically the debtor's home country.
  • After notice and a hearing, the court is authorized to issue an order recognizing the foreign proceeding as either a "foreign main proceeding" (a proceeding pending in a country where the debtor's center of main interests are located) or a "foreign non-main proceeding" (a proceeding pending in a country where the debtor has an establishment, but not its center of main interests).
  • Immediately upon the recognition of a foreign main proceeding, the automatic stay and selected other provisions of the Bankruptcy Code take effect within the United States.

Filing Requirements

  • Official Form 401 must be used.
  • The petition must be accompanied by documents showing the existence of the foreign proceeding and the appointment and authority of the foreign representative.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Voluntary Bankruptcy Case.

3. Select 15 in the Chapter drop down box, and the relevant entry in the Main/Nonmain box.

4. If any of the following required documents are not being filed at this time, select y from the drop-down box. If all these documents are being filed, leave the selection as n.

Required documents:

  • F.P. Administrator List
  • F.P. Litigation List
  • F.P. Provisional Relief List

5. Enter name of debtor and click Search.

Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.

6. Select Create New Party.

7. Enter all Debtor/ Joint Debtor information. For County of Debtor, select OUTSIDE U.S. The postal/ZIP code and any other information (except for the country name) such as a state/province should be entered along with the city in the City field.

8. Click Alias to add any aliases.

9. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

10. Click Review to proof added information. Click Return to Party Screen after review.

11. Click Submit.

12. Assigned divisional office is displayed. Ensure that Indianapolis is selected and click Next.

13. Select type of debtor and click Next.

14. If you indicated in step 4 that some documents are not being filed, select those documents and click Next.

15. Select appropriate radio buttons for both questions and click Next.

16. Browse to select the document to be filed and click Next.

17. Filing fee is displayed. Click Next.

18. Final docket text is displayed. Click Next.

19. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Chapter 7 Voluntary Petition

Official Procedure Last Change November 15, 2016

Chapter 7 Voluntary Petition (Individual/ Consumer Debt)

  • 11 USC 301, 302, 1408
  • FRBP 1002, 1005, 1006, 1007
  • S. D. Ind. B-1002-1, B-1007-1

General Information

Click here for complete filing requirements according to chapter.

Except on the Debtor’s Statement of Social Security Statement, the Debtor’s and/or Joint Debtor’s Social Security Number must be redacted before filing any document with the court.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > File Voluntary Bankruptcy Case.

3. Complete petition information screen. Click Next.

4. Enter Debtor’s/ Joint Debtor’s name or SSN. Click Search.

Note: The party name cannot be in ALL CAPITALS, and cannot be longer than 50 characters.

5. Select Create New Party.

6. Enter all Debtor/ Joint Debtor information.

7. Click Alias to add any aliases.

8. Click Corporate Parent / affiliate to add any corporate parent or affiliate.

9. Click Review to proof added information. Click Return to Party Screen after review.

10. Click Submit. (If petition contains a joint debtor, repeat steps 4 - 10.)

11. Assigned divisional office is displayed. Click Next.

12. Complete statistical information and click Next.

13. A notice is displayed. Click Next.

14. If you previously indicated that this filing has deficiencies: Check all applicable boxes and click Next.

15. Complete amounts in Summary of Schedules (if known) and click Next.

16. Enter all statistical information requested and click Next.

17. Select appropriate option for Presumption of Abuse.

If debtor is claiming exclusion as a member of the National Guard or Reserves:

Not a joint case: Choose No

Joint case:

  • If both debtors are claiming the exclusion, choose No

  • If only one debtor is claiming the exclusion and there is no presumption of abuse for the other debtor, choose No

  • If only one debtor is claiming the exclusion and there is a presumption of abuse for the other debtor, choose Yes

18. Browse to select the document to be filed and click Next.

19. Verify fee information.

20. Click Next then Next.

21. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Filing Case Using Software

Official Procedure Last Change February 18, 2016

Filing Case Using your Software's ECF Filing System

Contact your software vendor for instructions.

Requirements for the Southern District of Indiana are as follows:

These documents may be filed together as one pdf:

  • Petition
  • Summary of Schedules and Statistical Summary
  • Schedules A-J
  • Statement of Financial Affairs
  • Statement of Intention
  • Attorney Fee Disclosure
  • Notice to Individual Consumer Debtor
  • Verification of Creditor List
  • Rights & Responsibilities of Chapter 13 Debtors & Their Attorneys
  • List of Creditors holding the 20 largest unsecured claims
  • Names and address of equity security holders of the debtor
  • Statement disclosing compensation paid or to be paid to a "bankruptcy petition preparer"
  • Notice to debtor by "bankruptcy petition preparer"
  • Corporate Ownership Statement
  • Schedule of Current Income and Expenditures 

These documents must be filed as separate documents (and not included in the same PDF as the petition):

Note:  Contact your bankruptcy software vendor regarding the possibility of including all required documents as part of the auto-filing/case-upload process.

Filing an Emergency Petition / Balance of Petition

Official Procedure Last Change December 1, 2017

Filing an Emergency Petition / Balance of Petition

Emergency Petitions - General Information

Emergency Filing - Minimum Requirements:

Any voluntary petition filed without the schedules and statements required in Fed.R. Bankr.P. 1007 must be accompanied by:

Any request for an extension of time to file the other documents required by this rule must comply with Fed.R.Bankr.P. 1007.

For step-by-step instructions on filing the Petition, follow the relevant procedures on filing a new case.

Filing the Balance of the Petition - General Information

  • When filing the balance of the petition, the following documents can be combined into one single PDF and filed using the instructions below.
    • Schedules
    • Summary of Schedules and Statistical Summary of Certain Liabilities
    • Declaration to Schedules
    • Statement of Financial Affairs
    • Statement of Intention
    • Attorney Statement of Compensation
    • Corporate Ownership Statement
    • Rights & Responsibilities of Chapter 13 Debtors & Their Attorneys
    • Notice to Individual Consumer Debtor
    • Verification of Creditor List

Note: Not all of these documents are required in every bankruptcy case.

  • All remaining documents should be in separate PDFs and filed separately.
  • Any creditors or parties listed on Schedules D, E/F, G or H that were not supplied on diskette or uploaded when the case was filed are subject to the filing requirements for Amended Schedules (e.g. current filing fee for Amended Schedules and a Certificate of Service on added creditors required).
  • A Declaration Under Penalty of Perjury (Form B106), signed by the debtor(s), is required for the Schedules.
  • Even if a Declaration Under Penalty of Perjury was filed at case opening (commonly done when filing some but not all of the schedules as part of the emergency filing), another Declaration must be included when filing the balance of the schedules.
  • Statement of Financial Affairs (Official Form B107) must contain a Declaration Under Penalty of Perjury signed by the debtor(s).

Step-by-Step Instructions to file balance of the Petition

1. Log into CM/ECF.

2. Select Bankruptcy > Schedules/Statement of Financial Affairs/Initial Required Documents.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select any of the following documents that you are including in the one PDF that you are filing. (Hold down the Ctrl key to select multiple items - the events you click should appear as a list on the right hand side under Selected Events.)

  • Corporate Ownership Statement
  • Disclosure of Compensation
  • Rights & Responsibilities of Chapter 13 Debtors & Their Attorneys
  • Schedule(s) - Incomplete Filings Only
  • Statement of Financial Affairs (First Filing or Amended)
  • Statement of Intention
  • Verification of Creditor List

The following two options should only be selected if you are not also filing schedules. (If you are filing schedules, you will have the chance to indicate whether the following two items are included with the schedules.)

  • Statistical Summary of Certain Liabilities
  • Summary of Schedules

After selecting all documents included in your PDF, click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Click to highlight the debtor(s) and click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the pdf file containing all the documents you selected in Step 4. Click Next.

8. If you indicated that you are filing a Corporate Ownership Statement:

a. Enter the name of any corporate parent or affiliate listed on the Statement and click Search.

b. If the correct company is found: Click to select them then click Select name from list.

    If the correct company is not found

i. Click Create new corporate parent / affiliate.

ii. Fill in the requested information and click Add corporate parent / affiliate.

iii. In the party selection screen, highlight the debtor and click Next.

iv. Repeat from step a. above to enter any additional corporate parents or affiliates.

v. If there are no more corporate parents or affiliates to add, click End corporate parent / affiliate selection.

9. If you indicated that you are filing Disclosure of Compensation, you are asked who the Disclosure is for. Select correct radio button and click Next.

10. Click Next.

11. If you indicated that you are filing a Rights and Responsibilities document, you are asked if it is amendment to a previously filed Rights and Responsibilities. Select the appropriate radio button and click Next.

12. If you indicated that you are filing schedules, check boxes to indicate all schedules/summaries that are being included and click Next.

13. If you indicated that you are filing Schedule G or Schedule H, you are asked if those schedules contain any parties that you did not include when you uploaded the original creditor list. Select the appropriate radio button and click Next.

14. If you indicated that you are filing Schedule D or E/F, you are asked if those schedules contain any creditors that you did not include when you uploaded the original creditor list. Select the appropriate radio button and click Next.

15. If you indicated that you are adding new creditors or parties:

a. A message is displayed. Click Next to go to the screen that allows you to add the new creditors or parties. You can do this by either typing the names and addresses individually (or copy-pasting them in) and clicking Next, or uploading a text file containing only the added creditors/parties. How to prepare a text file for uploading

b. A Notice to Added Creditors must be sent to them and a Certificate of Service filed with the Court. Select appropriate radio button to show whether or not this was done and click Next. (For further information on this requirement, see instructions for filing Amended Schedules)

c. The Amendment Fee due is displayed. Click Next.

16. One or two screens of statistical information are displayed. Input all information and click Next on each screen.

17. If you indicated that you are filing a Statement of Financial Affairs, you are asked if it is amendment to a previously filed Statement of Financial Affairs. Select the appropriate radio button and click Next.

18. If you indicated that you are filing a Statement of Intention, you are asked if it is amendment to a previously filed Statement of Intention. Select the appropriate radio button and click Next.

19. Final docket text is displayed. Click Next.

20. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.


All remaining documents should be filed separately using the relevant instructions for that document type. The most common document types are shown below:

Overview of Case Filing Options

Official Procedure Last Change April 12, 2010

Overview of Case Filing Options

There are three options to choose from when filing a new case:

1.  Electronic filing using the Court's web site: Using the Court's CM/ECF system, the attorney creates PDF files of documents and a text file of the creditor list in his or her bankruptcy software or word processing program.  The attorney then points his or her browser to the court's web site and logs on and files a case following the screens.

2.  Bankruptcy Software's ECF Filing System: Most bankruptcy software programs have a system that allows the attorney to submit files without going through any question-and-answer screens on the court's web site.  It makes the entire electronic filing process easier and faster for attorneys and their staff, integrating the ECF upload process with attorney's bankruptcy forms software.  This is basically how it works:  The user first enters case information, then clicks the "ECF Filing" button (or something similar) to create all electronic files at once:  a PDF of the Petition and Schedules, a separate PDF of the Chapter 13 Plan, if applicable, a text file of the creditor address list, and a text file of the debtor information.  After reviewing these files through an ECF Manager, the user clicks the "Filing" button, inputs the ECF login name and password, and then clicks "File Case" and it is filed.

Note:  Contact your bankruptcy software vendor regarding the possibility of including the Statement of Social Security Number, Certificate of Credit Counseling, Means Test, and Pay Advices/Statement in Lieu as part of the auto-filing process.  If you are unable to include these documents with the auto-filing process, you must file them separately, following the appropriate step-by-step instructions provided in this Procedures Manual.

3. Non-electronic filing: This option is only available for debtors filing without an attorney. The necessary documents, filing fee and diskette/CD/USB drive can be mailed in to the court or brought into the Clerk's office for filing over the counter. Note that all debtors filing a bankruptcy petition over the counter are required to present adequate photo ID before the petition will be accepted for filing. If a filing fee is due, it must be paid by money order. Cash payments are also permitted if filing over the counter, but be aware that the exact amount must be tendered since the Clerk's office is unable to give change.  Debtors are not permitted to pay filing fees by personal check or credit card.

The Bankruptcy Court for the Southern District of Indiana does not support the Case Upload option available in some courts.

Prior Filings

Official Procedure Last Change September 30, 2013

Prior Filings

Prior case was discharged

If a debtor received a discharge on a prior bankruptcy case, they may not be able to receive a second discharge on a new case if sufficient time has not passed between the two cases. The actual bar time varies depending on the chapters of the previous and current case, as shown in the following table (times shown are from filing date of prior case to filing date of new case):

Chapter of new case Chapter of prior case To be eligible for a discharge in the new case, you will have to wait...
7 7 8 years
7 11 8 years
7 12 6 years**
7 13 6 years**
11 7 No limitation
11 11 No limitation
11 12 No limitation
11 13 No limitation
12 7 No limitation
12 11 No limitation
12 12 No limitation
12 13 No limitation
13 7 4 years
13 11 4 years
13 12 4 years
13 13 2 years

** There are certain exceptions that apply to these combination of chapters. Consult the Bankruptcy Code for more information.

Prior case was dismissed

If a prior bankruptcy case was dismissed one year or less prior to the filing of the new case, the automatic stay will terminate on the 30th day after the filing of the current case, unless a Motion to Extend Automatic Stay is filed and granted.

If two or more prior bankruptcy cases were dismissed one year or less prior to the filing of the new case, the automatic stay will not go into effect on the current case, unless a Motion to Impose Automatic Stay is filed and granted.

Current case is being converted

A converted case is only eligible to receive a discharge in the new chapter if the waiting requirements as shown in the table above are met for the chapter to which the case is converting. This is calculated from filing date to filing date (not date of conversion).

E.g.:

2001 2006 2007
Chapter 7 case filed, discharged

Chapter 13 case filed

OK - it's more than 4 years after the original filing

Converts to Chapter 7

Will not be eligible for discharge - the current case was filed 5 years after the filing date of the original Chapter 7. Therefore, the 8 year bar applies. The only way to get a Chapter 7 discharge would be to dismiss this case and file another Chapter 7 in 2009, (8 years after filing date of the 2001 case).

Current case is being transferred from another court or division within this court

The transferred case and the case from which it was transferred do not count as different filings. Therefore, time differences between the original date of filing of the current case and date of transfer need not be considered.

Current case is a joint case that is being split into two cases

Likewise, the new case created by the debtor that got split off does not count as another filing. Therefore, time differences between the original date of filing of the joint case and the date it was split into two separate cases need not be considered.

Required Lists

Official Procedure Last Change April 16, 2019

Required Lists

Due at the time of filing of the Petition (minimum filing requirements): Ch7 Ch11 Ch12 Ch13
  • Filing Fee

If the fee is to be paid in installments or the debtor requests a waiver of the fee, the debtor must be an individual and must file a signed application for court approval. Official Form B 103A or B 103B

Schedule of Current Bankruptcy Fees

Note:  Filing fees must be paid either by cash, cashier's check, money order, credit card, or an attorney's firm check made payable to "Clerk, U.S. Bankruptcy Court."  Check or credit card payments from debtors will not be accepted.

FRBP 1006(b) & (c)

X X X X
  • Voluntary Petition (Official Form B 101 for individual cases or B 201 for non-individuals)
X X X X

Individual debtors only:

X X X X
  • Creditor list (on diskette, CD, or uploaded electronically). S. D. Ind. B-1007-1(b)
X X X X
  • List of Creditors holding the 20 largest unsecured claims (Official Form B 104 for individual cases or B 204 for non-individuals). FRBP 1007(d)
  X    
  X    
  • Statement of Social Security Number (Official Form B 121). Required if the debtor is an individual.  FRBP 1007(f)
X X X X

Due within 7 days of filing of the Petition:

Ch7 Ch11 Ch12 Ch13

Small Business Chapter 11 cases only:

  • Small Business Balance Sheet, Statement of Operations, Cash Flow Statement and Tax Return. 11 USC 1116 (1). All of these documents must be signed by the debtor/debtor's attorney.

A Statement in Lieu may be filed in place of any or all of the above documents.

  X    

Due within 14 days of filing of the Petition:

Ch7 Ch11 Ch12 Ch13

Individual debtors only:

  • Certificate of Credit Counseling - due with Petition unless debtor has indicated in their Voluntary Petition that the debtor has received counseling but does not have certificate. In this case, the certificate is due within 14 days.
X X X X

Individual debtors only:

  • Schedules A/B-J and Declaration under Penalty of Perjury (Official Form B 106). FRBP 1007(b) & (c)
  • A Summary of Your Assets and Liabilities and Certain Statistical Information (Official Form B 106 Summary)
X X X X

Non-Individual debtors only:

  • Schedules A/B and D-H (Official Form B 206), Income & Expense Statement (Sample form) and Declaration under Penalty of Perjury (Official Form B 202). FRBP 1007(b) & (c)
  • A Summary of Your Assets and Liabilities (non-individuals) (Official Form B 206 Summary)
X X X X
X X X X
  • Statement of financial affairs (Official Form B107 for individual cases or B 207 for non-individuals). FRBP 1007 (b) & (c)
X X X X
  • Names and address of equity security holders of the debtor. (Required for corporate Chapter 11 debtors only). FRBP 1007(a)(3)
  X    
X      
  X    
      X
  • Copies of all payment advices or other evidence of payment received by the debtor from any employer within 60 days before filing of the petition, OR Statement in Lieu of Pay Advices. Required if the debtor is an individual. FRBP 1007(b) & (c). 

Note: It is not sufficient to file a document stating that pay advices were mailed to the Trustee. Copies of pay advices, if available, must be filed with the Court.

X X X X
  • Statement disclosing compensation paid or to be paid to the attorney for the debtor (Official Form B 2030) (if the debtor has an attorney). 11 USC 329, FRBP 2016(b)
X X X X
  • Statement disclosing compensation paid or to be paid to a "bankruptcy petition preparer” as defined in 11 USC 110 if a paid petition preparer was used (Official Form B 2800). 11 USC 110(h)
X X X X
  • Bankruptcy Petition Preparer's Notice, Declaration and Signature (Official Form B 119) if a paid petition preparer was used.
X X X X
  • Notice to Individual Consumer Debtor (Required if the debtor is an individual with primarily consumer debts, the debtor has an attorney, and that attorney has not signed Exhibit B) (Official Form B 2010)
X X X X
  • Chapter 13 Plan. Use of the Model Plan approved by the Southern District of Indiana is required by S. D. Ind. B-3015-1. FRBP 3015
      X

Due 7 days before the date first set for the Section 341 meeting of creditors:

Ch7 Ch11 Ch12 Ch13
  • Provide to the trustee, a copy of the Federal income tax return (or transcript of return) for the most recent tax year ending before filing. 11 USC 521(e).
  • Provide to the trustee other documents required pursuant to S. D. Ind. B-4002-1 and the Chapter 7 Uniform Document Production List

Note:  Unless ordered to do so under 11 USC 521(f), debtors should NOT file tax returns with the Court. Tax information required under 11 USC 521(e)(2) should be provided directly to the trustee and any requesting creditor.

X      

Due within 30 days of filing of the Petition or on the date of the meeting of creditors, whichever is earlier:

Ch7 Ch11 Ch12 Ch13
  • Statement of intention regarding secured property (Official Form B 108). Required only if the debtor is an individual and the schedule of assets and  liabilities contains debts secured by property of the estate or personal property subject to an unexpired lease. 11 USC 362(h) and 521(a)(2).
X      

Due within 90 days of filing of the Petition:

Ch7 Ch11 Ch12 Ch13
  • Chapter 12 Plan. 11 USC 1221.
    X  

Due before the discharge is granted:

Ch7 Ch11 Ch12 Ch13
X     X

 

Small business cases

Official Procedure Last Change December 29, 2015

Small business cases

  • 11 USC 101(51c), (51d), 308(b), 1102(a)(3), 1116, 1121(e), 1125(f), 1129(e)
  • FRBP 1020, 3017.1
  • S. D. Ind B-3017-2

General Information

Any individual or non-individual Chapter 11 debtor who satisfies the definition of “small business debtor” can request to be treated as a small business case. Determination of whether a debtor is a "small business debtor" requires application of a two-part test:

  • The debtor must be engaged in commercial or business activities (other than primarily owning or operating real property) with total non-contingent liquidated secured and unsecured debts of $2,490,925 or less.
  • The debtor's case must be one in which the U.S. trustee has not appointed a creditors' committee, or the court has determined the creditors' committee is insufficiently active and representative to provide oversight of the debtor.

Small business cases are overseen more directly by the U.S. Trustee, and generally proceed more quickly than non-small business cases. Any party can ask the court to order that a creditors’ committee not be appointed.

The following apply to small business cases:

Required documents

The following are required to be filed on small business cases, either along with the filing of the petition or 14 days after:

  • Balance sheet
  • Cash flow statement
  • Tax returns
  • Statement of operations

The deadline for filing these can be extended by means of a Motion to Extend Time to File Schedules. If one or more of these documents is unavailable, the debtor must file a statement in lieu.

Deadline for filing initial case documents

If a Motion to Extend Time to File Schedules is filed, the maximum extension allowed by law is a total of 30 days from the date of filing of the petition, not 45 days as is allowable for non-small business cases.

Plans and disclosure statements

The plan and disclosure statement process can be streamlined. Consult Fed.R.Bankr.P. 3017.1 and S. D. Ind B-3017-2. If the debtor wishes to use one of the streamlining options, a Notice of Proposed Expedited Processing of Small Business Chapter 11 Plan must be filed.

Deadlines related to the filing and confirmation of the plan in small business cases are somewhat different from non-small business cases and should be investigated thoroughly.

Getting started, registration, logging in

Attorney surrogates

Official Procedure Last Change December 13, 2018

Attorney surrogates

General Information

  • If an attorney is no longer able to represent their clients for reasons such as the death of the attorney or their having been suspended from practicing law, an attorney surrogate may be appointed. The surrogate assumes certain responsibilities related to the clients, including finding replacement counsel if necessary.
  • An attorney appointed as surrogate who wants to file pleadings in or obtain information about bankruptcy cases and proceedings must first become an authorized electronic filer, with attorney rights. View instructions on that process
  • The surrogate attorney can use a CM/ECF account for surrogate and regular attorney work. A special surrogate account is not needed.

Step-by-step instructions for the surrogacy process

For the purposes of these instructions, the term “Lawyer” refers to the attorney as to whom a surrogate has been appointed in state court.  The term “Surrogate” refers to that appointed person. The term “Clerk” refers to the Bankruptcy Clerk or designees.

  1. After appointment by a state court, the Surrogate files the Notice of Surrogate's Appointment, attaching a copy of the state court order appointing the Surrogate.These must be mailed or hand-delivered to the Clerk’s Office - they cannot be filed electronically.
  2. The Clerk opens a miscellaneous proceeding which is assigned to the Chief Judge (who may in turn transfer the proceeding to any other Judge) and advises the Surrogate of the miscellaneous proceeding number. The Surrogate can then file electronically in that miscellaneous proceeding.
  3. The Surrogate uploads the Order on Notice of Surrogate's Appointment ("Appointment Order") to the miscellaneous proceeding.
  4. Once the Appointment Order has been entered, the Clerk provides the Surrogate with the list of open cases and proceedings in which the Lawyer had an appearance, appoints the Surrogate (with a docket entry on the case), and edits the attorney record to show the Lawyer as Inactive – Surrogate Appointed and to show the Surrogate as Surrogate. (If the notice filed by the Surrogate says that the Lawyer is deceased or if the Clerk has previously received information of the Lawyer’s death, the Lawyer’s record will be edited to show DECEASED rather than Inactive.) The list of open cases and proceedings will be provided in an Excel spreadsheet format unless the Surrogate requests a different format and the Clerk can comply with that request. 
  5. The Surrogate then sends notice of his/her appointment to each party represented by the Lawyer from the provided list of cases.  The notice should provide guidance on retention of the Surrogate, selection of other counsel, or the need to continue without an attorney.
  6. Within fourteen days of the entry of the Appointment Order, the Surrogate must file a certificate of service on the miscellaneous proceeding which lists all the persons to whom the notice was sent. A copy of the notice must be attached to the Certificate.
  7. If the Surrogate seeks to represent the clients and has obtained their consent to do so, the Surrogate shall file an Appearance in the bankruptcy case or proceeding. When the Appearance is filed, if the Surrogate indicates that the surrogacy is to be terminated (and they will represent the client), the Surrogate and Inactive - Surrogate Appointed labels are removed from the attorney records on the docket. In response to the Appearance and termination of surrogacy, the Lawyer will be terminated (not deleted) by the Case Administrator assigned to the case.

If the Surrogate will not be representing the clients because:

  • the Surrogate does not intend to represent the clients;

  • the clients reject that representation;

  • the clients hire replacement counsel;

  • the Surrogate determines a conflict exists and cannot represent the clients, or

  • the clients fail to respond to the Surrogate’s notice of the need to take affirmative action regarding counsel,

the Surrogate must file a notice of termination as to the Surrogate’s status in the particular case or proceeding using the Notice of Submission event. When that notice of termination is filed, if the Surrogate indicates they will not represent the client(s) and that the surrogacy is to be terminated, the Surrogate is removed from the case automatically and the Inactive - Surrogate Appointed label is removed from the Lawyer's record (thus returning the original attorney as counsel to the debtor(s)).

  1. When the state court enters an order discharging the Surrogate, he/she will file notice of that discharge in the miscellaneous proceeding, using the Notice of Submission event.
  2. Upon the filing of that notice of discharge, the Clerk will terminate the Surrogate (with a separate docket entry), the Surrogate will be removed from the case or proceeding where they have not previously been removed, and the miscellaneous proceeding will be closed.

Bankruptcy Pro Bono panel

Official Procedure Last Change August 22, 2017

Bankruptcy Pro Bono panel

General information

The judges of the United States Bankruptcy Court for the Southern District of Indiana have created a Bankruptcy Pro Bono Panel as a resource to assist parties involved in bankruptcy matters when 1) a pro se party is involved in a bankruptcy matter 2) the party cannot afford legal representation and 3) the judge determines that it is in the best interest of the bankruptcy system to involve a volunteer attorney to assist the party in addressing and resolving the matter.

The Bankruptcy Pro Bono Panel is only available by judicial referral or by the pro bono clerk. A party cannot seek out an application on their own. Applications are available only after a judge or the pro bono clerk offers one to the party.

Prospective debtors who have not as yet filed bankruptcy may use the court's online request for free or low cost legal help to see if such assistance may be available to them.

Volunteer attorneys

Attorneys who are admitted to practice in the Southern District of Indiana are eligible to volunteer to serve on the Bankruptcy Pro Bono Panel. Download volunteer registrations form

Change/Update Email Address

Official Procedure Last Change August 9, 2019

Change/Update Email Address

Access to CM/ECF is via a PACER account, therefore, changes to your e-mail address must be made on the pacer.gov Modify your Account page. Changes are automatically sent to court staff, who will modify your data in CM/ECF.

Secondary email addresses must be added or deleted in CM/ECF by going to Utilities > Maintain Your ECF Account, then clicking Email Information.

Changing your ECF password

Official Procedure Last Change June 4, 2018

Changing your ECF password

Access to CM/ECF is via a PACER account, therefore, password changes must be made on the pacer.gov Modify your Account page.

Changing your address

Official Procedure Last Change June 4, 2018

Changing your address

Access to CM/ECF is via a PACER account, therefore, changes to your mailing address must be made on the pacer.gov Modify your Account page. Changes are automatically sent to court staff, who will modify your data in CM/ECF.

Child Support Creditors

Official Procedure Last Change December 15, 2016

Child Support Creditors

General Information

Attorneys or other representatives for child support creditors:

  • do not have to pay filing fees;
  • do not have to file electronically in the Southern District of Indiana;
  • do not have to be admitted to the bar nor file a pro hac vice motion.

Requirements to appear as an attorney or other representative on behalf of a child support creditor

  • If taking advantage of any of the three exemptions above, Form 2810 must also be filed, or information from that form be included in the regular appearance or first pleading filed.

Hardware/Software Requirements

Official Procedure Last Change June 8, 2018

Hardware/Software Requirements

Filers will need the following hardware and software to file documents in the CM/ECF electronic filing system:

  • A personal computer running a standard platform such as Windows or Macintosh with minimum memory of 256MB (Windows 2000 requires a minimum of 512MB).
  • A PDF-compatible word processor like Macintosh or Windows-based versions of WordPerfect or Word, or software to convert documents from a word processor format to portable document format (PDF), such as Adobe Acrobat (full version, not just Acrobat Reader).
  • Internet Service
  • One of the following browsers:
    • Internet Explorer 11
    • Mozilla Firefox (up to version 53)
    • Chrome (up to version 59)
    • Safari (up to version 10.1).

Note: CM/ECF is NOT compatible with Internet Explorer 10.0 or lower. The use of these browsers or others not listed above (e.g. Opera or Edge) may result in intermittent errors when filing documents and in receiving court e-mail notifications from within CM/ECF.

  • PDF reader software, often available for free.
  • A scanner will be necessary if you wish to include existing paper documents with the document you wish to file, for instance to attach a copy of a contract to a Proof of Claim. You will also need software to convert the scanned image to portable document format (PDF) such as Adobe Acrobat (full version, not just Acrobat Reader).

Linking your ECF account to your PACER account

Official Procedure Last Change November 4, 2015

Linking your ECF account to your PACER account

General information

Linking your ECF account with your PACER account saves you from having to enter your PACER user name and password every time you view a docket or document.

Step by step instructions

  • On the PACER log in screen, enter your user name and password.
  • Before clicking the Login button, click the "Make this my default PACER login" check box:

 

Logging into CM/ECF

Logging into CM/ECF

1. Go to pacer.gov > Login > court links > Indiana Southern - NextGen

2. Click the Southern District of Indiana - Document Filing System link

3. Enter your PACER login and password (and a personal client code if you wish to use one) and click Login. If you do not have a PACER login, you can get one here.

For instructions on obtaining an ECF login and password, visit the INSB INSB CM/ECF Registration Page.

Pro Bono Representation

Official Procedure Last Change June 30, 2014

Pro Bono Representation

General information

A pro bono attorney is one who is willing to represent a client at no charge.

Legal resources

Information on organizations that may be able to assist you in filing bankruptcy without an attorney can be found on the court's website.

Registration procedures

Official Procedure Last Change April 16, 2018

Registration Procedures

If you only wish to file a Proof of Claim, Amended Claim or Withdrawal of Claim, you can do so online without the need to obtain a user name or password.

To file a proof of claim or amend an existing claim: Use the court's ePOC systemView instructions on filing a claim using ePOC

To file a withdrawal of claim: use the court's eWOC systemView instructions on withdrawing a claim using eWOC

A PACER user name and password are required to file all other types of documents electronically via CM/ECF. The CM/ECF system is accessible via the PACER system. View instructions for accessing CM/ECF via PACER

Training may be required before permission is granted to use the CM/ECF system for document filing. The procedure depends on the type of user:

  • Non attorney users:
    • Limited users (parties wishing to file primarily Proofs of Claims and other selected documents - training by the Court is not required)
  • Attorney users:
    • Attorneys who are admitted to practice in the Southern District of Indiana - training by the Court may be required
    • Federal government attorneys - no training is required
    • Pro Hac Vice attorney users (attorneys admitted in another jurisdiction but not licensed to practice in the Southern District of Indiana - training by the Court is not required unless they will be filing new bankruptcy petitions or adversary proceedings)

Limited User Registration Procedure:

See separate page for full instructions on how to sign up as a limited user

Attorney User Registration Procedure:

Attorneys not already registered as CM/ECF filers in the Southern District of Indiana require training, with the exception of federal government attorneys and attorneys who are not planning to file new bankruptcy petitions or adversary proceedings. If an attorney has already received training in another district, it is not necessary to also receive training from the Southern District of Indiana.

To register for an ECF login, and receive on-line training, if needed: Visit the INSB CM/ECF Registration Page.

Pro Hac Vice User Registration Procedure:

Attorneys who are admitted in another jurisdiction may appear pro hac vice in the Southern District of Indiana for a specific case or adversary proceeding. To do this, the attorney must file a Motion to Appear Pro Hac Vice along with supporting Affidavit. Only one attorney may be included in each motion.

Pursuant to S. D. Ind. B-5005-1, the attorney is required to become an authorized user in electronic case filing (ECF) before the Motion to Appear Pro Hac Vice may be filed.

To register for ECF: Visit the INSB CM/ECF Registration Page.

Once registered in ECF, the user must electronically file a Motion to Appear Pro Hac Vice and an affidavit confirming admission in another jurisdiction. Note that although the login and password may be used to access any case in the Southern District of Indiana, a separate Motion to Appear Pro Hac Vice along with Affidavit must be filed for every case in which the user wishes to appear pro hac vice. See full instructions and sample forms

A pro hac vice filing fee is due for each Motion to Appear Pro Hac Vice. The fee must be paid online via pay.gov.

Limited users

Attachment to Claim Pursuant to Fed.R.Bankr.P. 3002(c)(7)(B)

Official Procedure Last Change January 23, 2018

Attachment to Claim Pursuant to Fed.R.Bankr.P. 3002(c)(7)(B) (limited users)

How to file:

Location of event: Bankruptcy > Limited Users > Attachment to Claim Pursuant to FRBP 3002(c)(7)(B)

  • FRBP 3002(c)(7)(B)

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

This event is used for filing attachments to a proof of claim that is secured by a security interest in the debtor's principal residence, pursuant to FRBP 3002(c)(7)(B).

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Attachment to Claim Pursuant to FRBP 3002(c)(7)(B) from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Click to select the claim to which the Attachment relates and click Next.

8. Verify the final docket text; if correct, click Next.

9. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Auditor Report

Official Procedure Last Change September 13, 2010

Auditor Report

How to file:

Location of event: Bankruptcy > Auditor Reports > Report of Audit - Including Amended Reports

  • 28 USC 586(f)

General Information

  • Effective 10/20/06 per 28 USC 586(f), the U.S. Trustee for each district is authorized to contract with auditors to perform audits in cases, in accordance with the procedures established under § 603(a) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
  • The report of each audit is filed with the court through a special menu for auditors only.  Auditors are considered ”limited users” and will only have certain events to file.
  • When a material misstatement is reported, the Clerk’s Office will give notice of the misstatement to the creditors in the case; the U.S. Trustee shall report the material misstatement to the U.S. Attorney and, if advisable, take appropriate action.
  • One in 250 cases will be selected for audit.

Filing Requirements

  • The report must specify any material misstatement of income or expenditures or of assets identified by the person performing the audit.
    A PDF file is not required to be included if indicating that the audit could not be completed.

Step-by-Step Procedures to Show Case Selected for Audit (US Trustee only)

1.  Log into CM/ECF  .

2. Select Bankruptcy > Trustee/US Trustee.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Selection of Case for Audit from the event list and click Next.

5. Select U.S.Trustee as the party filer and click Next.

6. Click Next.

7. Verify the final docket text; if correct, click Next.

8. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Step-by-Step Instructions to File Report of Audit

1. Log into CM/ECF.

2. Select Bankruptcy > Auditor Reports.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Report of Audit - Including Amended Reports from the event list and click Next.

NOTE: If an auditor report has previously been filed, you will be asked if you are filing an amended report and select the appropriate radio button.

5. The docket text for the US Trustee's Notice of Selection of Case for Audit will appear. Click Next.

6. Select appropriate radio button and click Next.

7. Browse to select the document to be filed (pdf file). Click Next. (This step is skipped if you chose the Unable to Complete option in the previous step.)

8. If you indicated that the report could not be completed, selected the reason why not and click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Step-by-Step Instructions to File Supplemental Report of Audit

1. Log into CM/ECF.

2. Select Bankruptcy > Auditor Reports.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Supplemental Report of Audit from the event list and click Next.

5. Browse to select the document to be filed (pdf file). Click Next.

6. Select the original Report of Audit to which your filing relates and click Next.

7. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Change of Address

Official Procedure Last Change June 1, 2010

 Change of Address (limited users)

How to file:

Location of event: Bankruptcy > Limited Users > Change of Address, Notice of

 

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

The Court cannot change an address on a bankruptcy case simply because it has been advised of a new address via a phone call or a yellow label on mail returned by the USPS. Therefore, any Change of Address of any party or creditor on a case must be submitted in writing by the debtor, the trustee, or the party whose address has changed. The plaintiff in an adversary proceeding may also file a change of address for a defendant who has not yet filed a responsive pleading.

It is not necessary for a creditor to file changes of address for all the cases in which they are listed. The creditor can simply submit their new address to the National Creditor Registration Service, which will ensure that all mail to that creditor from then on, from any Bankruptcy Court and on any case, is sent to that address.

If a change of address is filed on a case that has a pending adversary proceeding, the address will not be changed on that adversary proceeding unless a change of address is filed on the adversary case also.

Users who are electronic filers and who wish to submit a change of address for themselves do not need to file a Change of Address on one or all of their active cases. Instead, they should change their address in ECF using Utilities > Maintain Your ECF Account. This change will automatically be applied to all affected cases. 

Filing requirements 

  • The Change of Address must be signed by the filing party.
  • The prior address as well as the corrected address should be included. Without the inclusion of the prior/incorrect address, it may be impossible for the court to determine which address should be changed, in which case the old address will continue to receive notices from the court in addition to the new address.
  • A Change of Address of a creditor (unless filed by the creditor themselves) must be accompanied by a Certificate of Service showing service of the Notice of Change of Address to Creditors with New or Corrected Address, Notice of Meeting of Creditors with full Social Security Number shown and any other documents that have already been sent out to all creditors, such as the most recent Chapter 13 Plan, Notice of Confirmation Hearing, etc. to the creditor at the new address. See sample Change of Address form.  If the creditor has already received the Notice of Meeting of Creditors at their old address, a Statement in Lieu of Notice must be filed instead of the Certificate of Service.
  • If debtor receives return mail for any creditor or party and is unable to determine a correct address for them, the Debtor should file a Notice of Address Unavailability, specifying the creditor’s name and reporting that a correct address cannot be located. Upon the filing of such a notice, the court will code the address so that no further notices or orders are sent to that creditor or party in interest.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Change of Address, Notice of from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. If applicable, insert text in text box. Click Next.

8. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Documents that may be filed by limited users

Official Procedure Last Change April 13, 2020

Documents that may be filed by limited users

The following document types are accessible by limited users in ECF:

If limited users wish to file a document not on the above list, they will not be able to file it electronically. An attorney with full user rights can be retained to file the document electronically, or the limited user can submit the document on paper. The paper document should be mailed or delivered to the Clerk's Office.

Getting started as a limited user

Official Procedure Last Change April 16, 2018

Getting started as a limited user

If you only wish to file a Proof of Claim, Amended Claim or Withdrawal of Claim, you can do so online without the need to obtain a user name or password.

To file a proof of claim or amend an existing claim: Use the court's ePOC systemView instructions on filing a claim using ePOC

To file a withdrawal of claim: use the court's eWOC systemView instructions on withdrawing a claim using eWOC

If you wish to file any other kind of document, you will need to sign up for electronic filing as a limited user. You do not have to be an attorney to sign up, however, limited users have rights to file only certain types of documents electronically. See list of which documents you will be able to file

Registering to be an electronic filer has several advantages over mailing documents to the court:

  • File your documents at any time, 24 hours a day, 7 days a week, from anywhere that has internet access;
  • Easier to get a document filed before a deadline;
  • No mailing costs;
  • Receive immediate confirmation that your document has been filed successfully.

Note: Becoming a limited user and filing a document in a case will NOT automatically enable you to receive electronic notices of documents other people file in the case or orders from the Court not directly related to your document(s). You can sign up to receive notices in any case by following these instructions.


How to sign up

(1) Ensure that your computer system meets the minimum requirements                                         

(2) Sign up for a PACER account                                                                                                             

PACER stands for Public Access to Court Electronic Records and allows you to view case dockets and documents online. There is a small charge for each case or document that you view; however, there is no charge for filing a document yourself.

To sign up for a PACER account, go to the PACER sign up page.

(3) Sign up for CM/ECF access                                                                                                                

CM/ECF stands for Case Management/Electronic Case Filing and is the system used by the court to allow documents to be filed electronically. Once you have signed up, you will access CM/ECF from within PACER.

To sign up for a CM/ECF login, visit the INSB CM/ECF Registration Page.

(4) Familiarize yourself with the Administrative Procedures Manual                                                   

The Administrative Procedures Manual contains important information on the correct way to prepare and file documents. For example, it outlines the correct format that should be used for electronic signatures (used when a document is converted directly to PDF without printing it out and scanning it).

(5) Follow individual step-by-step instructions in the Procedures Manual for filing your document

Instructions for filing a Proof of Claim

Instructions for other document types that a limited user can file

Interim Report on Loss Mitigation

Official Procedure Last Change April 18, 2017

 Interim Report on Loss Mitigation (limited users)

How to file:

Location of event: Bankruptcy > Limited Users > Loss Mitigation - Interim Report

Things to be aware of when filing: This event is for use only in connection with the Loss Mitigation process.

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

This event is available for use by a debtor who has a pending Chapter 13 case and whose residence is at risk of loss, to obtain an agreed mortgage modification.

For instructions on the loss mitigation process, requirements and deadlines, consult General Order 16-0002.  View flowchart outlining the loss mitigation process

Filing Requirements

The document must be signed by the debtor/debtor's attorney or the mediator.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Loss Mitigation - Interim Report from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Select the Order Granting Request for Loss Mitigation to which the Report relates and click Next.

8. Final docket text is displayed. Click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion to Redact a Previously Filed Document

Official Procedure Last Change December 1, 2019

Motion to Redact a Previously Filed Document (Limited Users)

How to file: 

Location of event: Bankruptcy > Limited Users >Redact a Previously Filed Document

Things to be aware of when filing: Use of the court's sample form is recommended.

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

  • It is the responsibility of filers to keep personal identifiers out of documents filed, which include not only initial case documentation like the petition and schedules but also any subsequent documents which become available electronically. Personal identifiers that should not appear in documents are:
    • Social Security numbers
    • Financial account numbers
    • Names or dates of birth of minor children
  • If it is discovered that documents have been filed that contain such information, a Motion to Redact a Previously Filed Document can be used to request the Court to remove the document from public view. The Court cannot redact a document once filed.
  • During filing of the Motion, the document selected by the filer is automatically restricted. The associated docket entry remains visible to all users.
  • See separate instructions for requests to remove documents containing personal identifiers in a large number of cases.
     

Filing requirements 

  • If you are seeking to remove a document for reasons other than it containing personal identifiers, you will need to file a Motion for Protective Order Pursuant to Fed.R.Bankr.P.9037.
  • If you seek to hide a document that you previously filed, you will first need to file an amended version of that document with the personal identifiers removed, then file a Motion to Redact using the instructions below. If you are seeking to remove a Chapter 13 Plan, you should file a replacement plan as either Corrected or Amended Plan. If you are seeking to restrict access to a motion or application that has already been ruled on, you should file the replacement using the Notice of Submission event. Otherwise, it should be re-filed as an amended or corrected motion/application.
  • A Redaction of Personal Identifiers filing fee is due for each affected case if the document to be restricted was filed by the movant. No fee is due if the document to be restricted was filed by another party.
  • Use of the court's sample form is recommended.
  • •The Motion to Redact must make clear exactly which document or attachment to the document is to be removed. Note that if different parts of a document are contained within one PDF, only the entire PDF can be removed, not just certain pages of it.
  • Motion must be signed by the filing party.
  • Certificate of Service must accompany the Motion.
  • Do not upload a proposed order - the Court will prepare one.
  • If wishing to file a motion to redact on a closed case, it is not necessary to file a motion to reopen, nor to pay a reopening fee. The Motion to Redact will be processed by the court even though the case is closed.

Step-by-Step Instructions

1. Log into CM/ECF.

2. File an amended version of the document that contained the personal identifiers.

3. Select Bankruptcy > Limited Users.

4. Enter case number (in the format xx-xxxxx) and click Next.

5. Select Redact a Previously Filed Document, Motion to from the event list and click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

7. A warning notice is displayed. Click Next.

8. Browse to select the document to be filed (pdf file). Click Next.

9. Select appropriate radio button and click Next.

10. If you selected Yes (to indicate that you are seeking to hide a claim), a list of all claims filed on the case is displayed. Click on the claim that you are seeking to hide, then click the Next button at the bottom of the page (you may need to scroll down to see this button).  

Note: If you have already filed an amended claim, this is the claim that will appear in the list. Select that amended claim - when the Court removes the document, they will ensure that the original claim, not the amended claim, is removed.

      If you selected No (to indicate that you are seeking to hide any other type of document), a category list is displayed. Click Next, then check the box next to the document which your Motion seeks to hide and click Next.

11. Fee amount is displayed. Click Next.

12. Final docket text is displayed for review. Click Next.

13. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion to Withdraw Claim

Official Procedure Last Change February 9, 2017

Motion to Withdraw Claim (Limited Users)

How to file: 

Location of event: Bankruptcy > Limited Users > Withdraw Claim Pursuant to FRBP 3006, Motion to

Things to be aware of when filing: This event should only be used to withdraw a claim in the specific circumstances outlined below. In all other instances, a motion is not required. The claim may be withdrawn by filing a Withdrawal of Proof of Claim.

  • FRBP 3006

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

If a creditor wishes to withdraw a claim, this must be done by filing a Motion to Withdraw Claim if any of the following are true:

  • An objection has been filed to the claim, or
  • a complaint has been filed against the creditor in an adversary proceeding, or
  • the creditor has accepted or rejected the plan or otherwise has participated significantly in the case, or
  • the claim was filed by the trustee or debtor on behalf of a creditor.

If none of the above apply, a motion is not required. The claim may be withdrawn by filing a Notice of Withdrawal of Proof of Claim.

Filing requirements

  • Motion must be signed by filing party.
  • A 21-day objection notice along with a certificate of service must be included. The notice may be included with the motion or filed as a separate docket entry using the Withdraw Claim Notice with Certificate of Service (FRBP 3006) event.
  • Use of the court's sample form is recommended.
  • It is not necessary to upload an order - the court will prepare one. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Withdraw Claim Pursuant to FRBP 3006, Motion to from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Select the claim being withdrawn from the list and click Next.

8. Indicate whether the notice is included or will be filed separately. Click Next.

9. If you indicated that the notice is included, enter service date and click Next.

10. Objection due date is calculated and displayed. Click Next.

11. Final docket text is displayed for review. Click Next.

12. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Notice of Exception to Filing a Notice of Payment Change

Official Procedure Last Change December 3, 2012

Notice of Exception to Filing a Notice of Payment Change (limited users)

How to file:

Location of event: Bankruptcy > Limited Users > Exception to Filing Notices of Payment Change (Rule 3002.1), Notice of

Things to be aware of when filing: Do not use this event to file a Notice of Payment change. There is a specific event for that.

 

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

  • A creditor may request exemption from the requirement to file notices of payment change if all the criteria listed in S. D. Ind. B-3002.1-2 are met.
  • Any party may object to the Notice of Exception to Filing a Notice of Payment Change within 21 days after the Notice is filed.
  • A creditor subject to the exception shall provide to the Debtor and the trustee each month a statement in a customary form in accordance with applicable non-bankruptcy law that clearly identifies the payment amount due on the claim, and in addition shall provide to the trustee or the Debtor, upon request, an updated total amount due. 

Filing Requirements

  • The Notice must be signed by the filing party.
  • A Certificate of Service must be included, showing service on the trustee, the Debtor,
  • and the US Trustee.
  • A proposed order is not required. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Exception to Filing Notices of Payment Change (Rule 3002.1), Notice of from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Final docket text is displayed. Click Next.

8. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Notice of Fees, Expenses or Charges

Official Procedure Last Change December 1, 2011

Notice of Fees, Expenses or Charges (limited users)

How to file:

Location of event: Bankruptcy > Limited Users > Fees, Expenses or Charges (Rule 3002.1), Notice of

Things to be aware of when filing: You must previously have filed a proof of claim before CM/ECF will allow you to file your Notice of Fees, Expenses or Charges.

 

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

  • A Notice of Fees, Expenses or Charges allows a mortgage holder to advise the court of any fees, expenses and charges (such as payment of real estate taxes or insurance).
  • The Notice of Fees, Expenses and Charges is added to the claims register as a claims supplement, not to the docket, and can be viewed only by accessing the claims register.
  • The Motion for Determination of Fees, Expenses or Charges event can be used to file a challenge to a Notice of Fees, Expenses and Charges. This motion can be filed by either the debtor or the trustee, and must be filed within one year after service of the Notice of Fees, Expenses or Charges.

Filing Requirements

  • Notices of Fees, Expenses or Charges must be filed using Official Form B410S2.
  • The Notice must be served within 180 days after the date on which the fees, expenses, or charges are incurred.
  • A copy of the Notice must be served on the debtor, debtor's attorney and trustee.
  • An appearance is not required. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Fees, Expenses or Charges (Rule 3002.1), Notice of from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Click to select the claim to which the Notice relates and click Next.

8. Final docket text is displayed. Click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Notice of Mortgage Forbearance

Official Procedure Last Change May 15, 2020

Notice of Mortgage Forbearance (limited users)

How to file: 

Location of event: Bankruptcy > Limited Users > Mortgage Forbearance, Notice of

 

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

This event is available for use by mortgage lenders in bankruptcy legal cases (not adversary proceedings) to report a mortgage forbearance in place pursuant to Sections 4022 and 4023 of the Coronavirus Aid, Relief, Economic and Security (CARES) Act, which became effective March 27, 2020.. 

Filing Requirements

  • The Notice must be signed by the filing party.
  • A proposed order is not required. 

Step-by-Step Instructions 

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Mortgage Forbearance, Notice of from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Final docket text is displayed. Click Next.

8. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Notice of Payment Change

Official Procedure Last Change December 1, 2018

Notice of Payment Change (limited users)

How to file: 

Location of event: Bankruptcy > Limited Users > Payment Change (Rule 3002.1), Notice of

Things to be aware of when filing: Do not confuse this event with Notice of Exception to Filing a Notice of Payment Change, which should only be used when requesting exemption from the requirement to file notices of payment change.

 

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

  • A Notice of Payment Change allows a mortgage holder to advise the court that there has been a change in the debtor's mortgage payment. The Notice of Payment Change must be filed at least 21 days before the new payment amount is due.
  • The Notice of Payment Change is added to the claims register as a claims supplement, not to the docket, and can be viewed only by accessing the claims register. (The Notice of Payment Change will appear on the docket instead of the claims register if it is indicated during filing that no related claim has been filed.)
  • The Motion to Determine Validity of Payment Change event should be used to file a challenge to a Notice of Payment Change.

Filing Requirements

  • Notices of Payment Change must be filed using Official Form B410S1.
  • A copy of the Notice must be served on the debtor, debtor's attorney and trustee. 

Step-by-Step Instructions 

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Payment Change (Rule 3002.1), Notice of from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. If a proof of claim has previously been filed relating to the mortgage, select the Proof of claim form has been filed radio button. (You will be asked to select the related claim in the a later step.) Otherwise, select the Proof of claim form has NOT been filed radio button. Click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Click to select the claim to which the Notice relates and click Next (this step is skipped if you indicated in step 6 that a proof of claim has not been filed).

9. Final docket text is displayed. Click Next.

10. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Notice of Servicer Change

Official Procedure Last Change December 1, 2011

Notice of Servicer Change (limited users)

How to file: 

Location of event: Bankruptcy > Limited Users > Servicer Change, Notice of

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

  • S. D. Ind. 3002.1-1(c) requires mortgage holders to file notice of any change in the mortgage servicer while the bankruptcy is pending. The Notice must provide the name of the servicer, the payment address, a contact phone number, and a contact email address.
  • A Notice of Payment Change must be filed using the separate event.

Step-by-Step Instructions 

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Servicer Change, Notice of from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. A reminder notice is displayed. Click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Final docket text is displayed. Click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Reaffirmation Agreement Cover Sheet

Official Procedure Last Change June 1, 2010

Reaffirmation Agreement Cover Sheet (Limited Users) 

How to file: 

Location of event: Bankruptcy > Limited Users > Reaffirmation Agreement - Cover Sheet

Things to be aware of when filing: Official forms must be used. Download Reaffirmation forms

 

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information 

  • A completed Reaffirmation Cover Sheet must be included with all Reaffirmation Agreements filed with the Court.
  • If the cover sheet was inadvertently omitted when the Reaffirmation Agreement was filed, the following instructions should be used to file the cover sheet. However, these instructions are only to be used when the Reaffirmation Agreement is already on the docket. If filing the Cover Sheet together with the Reaffirmation Agreement, use the Reaffirmation Agreement menu option.

Filing Requirements  

  • Cover sheets must be filed using Official Form 427. Download Reaffirmation forms
  • Cover sheet must be signed by one of the parties to the Agreement.
  • Additionally, if any information has been included in lines 11 or 12, the debtor(s) must have signed below line 12. This must be done even if they have also signed the bottom of the cover sheet.

Step-by-Step Instructions 

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Reaffirmation Agreement - Cover Sheet from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Check the box next to the Reaffirmation Agreement to which the Cover Sheet that you are filing relates and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. If this is an Amended Cover Sheet, choose Amended from the drop-down box, else leave blank. Click Next.

9. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Reaffirmation Agreements

Official Procedure Last Change October 18, 2010

Reaffirmation Agreements (Limited Users)

How to file:

Location of event: Bankruptcy > Limited Users > Reaffirmation Agreement

Things to be aware of when filing: Official forms must be used. Download Reaffirmation forms

 

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

  • A Reaffirmation Agreement is an agreement made between debtor and creditor to repay an otherwise dischargeable debt.
  • If an individual is not represented by an attorney and is not reaffirming real property, the Court may hold a hearing to decide whether to approve the reaffirmation agreement. At the hearing, the court will decide whether or not the agreement is in the best interests of the debtor and, if so, enter an order approving the agreement.
  • The filing of a Reaffirmation Agreement may delay the issuing of the Debtor's discharge if a Notice of Deficient Filing has been issued on the Reaffirmation Agreement or if the Court has yet to rule on a Motion for Approval or a hardship issue.
  • Reaffirmation agreements can be rescinded anytime before the Court issues the discharge or within 60 days after the agreement is filed with the Court, whichever is the latest.
  • There is no need to reopen a closed bankruptcy case in order to file a reaffirmation agreement on that case, unless a court order and/or hearing will be needed.

Filing Requirements

  • Per S. D. Ind. B-4008-1, Reaffirmation Agreements must be filed using Official Form 2400A or Official Form 2400A/B ALT. Download Reaffirmation forms
  • A completed Reaffirmation Cover Sheet must be included.
  • If the Reaffirmation Agreement is not on real estate, a Motion for Approval (Official Form 2400B) is required if Part C has not been included, or if it is included but has not been signed by the attorney for the debtor. The Motion for Approval must be signed by the debtor.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Reaffirmation Agreement from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Enter the creditor name and select correct options for Credit Union and real estate. Click Next.

8. Select appropriate radio buttons as presented, clicking Next after each selection.

Note: For Reaffirmation Agreements filed without an Attorney Declaration, the Motion for approval is required if the Reaffirmation Agreements is not on real estate.

9. If the Reaffirmation Agreement that you are currently filing is a correction or amendment to one previously filed, check the Refer to existing event(s)? check box and click Next, then check the box next to the correct previously-filed Reaffirmation Agreement.

10. Click Next.

11. If this is an Amended Reaffirmation Agreement, choose Amended from the drop-down box, else leave blank. Click Next.

12. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Report of Settlement or Impasse

Official Procedure Last Change July 18, 2016

Report of Settlement or Impasse (limited users)

How to file: 

Location of event: Bankruptcy > Limited Users > Loss Mitigation - Report of Settlement or Impasse

Things to be aware of when filing: This event is for use only in connection with the Loss Mitigation process.

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

This event is available for use by a debtor who has a pending Chapter 13 case and whose residence is at risk of loss, to obtain an agreed mortgage modification.

For instructions on the loss mitigation process, requirements and deadlines, consult General Order 16-0002.  View flowchart outlining the loss mitigation process

Filing Requirements

  • A Report of Settlement does not require a PDF to be attached. A copy of the settlement should be attached to the Motion to Approve Loss Mitigation Agreement.
  • A Report of Impasse does require a PDF, which must be signed by the debtor/debtor's attorney or the mediator.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Loss Mitigation - Report of Settlement or Impasse from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Select the Order Granting Request for Loss Mitigation to which the Report relates and click Next.

7. Select radio button to indicate whether your report is a report of settlement (no PDF required) or a report of impasse (PDF required) and click Next.

8.       If you indicated that you are filing a Report of Impasse, browse to select the document to be filed (pdf file). Click Next.

If you indicated that you are filing a Report of Settlement, a message is displayed. Click Next.

9. Verify the final docket text; if correct, click Next.

10. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Request for Further Notice of Abandonment

Official Procedure Last Change October 14, 2016

Request for Further Notice of Abandonment (limited users)

How to file:

Location of event: Bankruptcy > Limited Users > Further Notice of Abandonment, Request for

Things to be aware of when filing: This event should only be used by creditors who wish to obtain notification if and when the Trustee files a Report of No Distribution. It differs from the more common Request for Notice event.

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

  • This event should only be used by creditors who wish to obtain notification if and when the Trustee files a Report of No Distribution. It differs from the more common Request for Notice event.
  • The event only applies to cases whose most recent Notice of Meeting of Creditors was issued on or after August 29, 2016.
  • The deadline for filing a Request for Further Notice is one day before the first date set for the §341 meeting of creditors.
  • When the trustee files a Report of No Distribution, the court will send an objection notice to all parties on the case that have filed a Request for Further Notice.

Filing Requirements

  • The Request for Further Notice must be signed by the filing party.
  • No order is required to be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Further Notice of Abandonment, Request for from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Verify the final docket text; if correct, click Next.

8. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Request for Notice

Official Procedure Last Change December 1, 2019

Request for Notice (limited users)

How to file: 

Location of event: Bankruptcy > Limited Users > Request for Notice

 

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

  • A Request for Notice does not entitle the filer to receive notices that they are not otherwise entitled to receive.
  • When an attorney files a Request for Notice electronically, they are not added to the case as a party. Therefore, they will not receive notices of electronic filing on that case unless they file some other pleading. However, if the attorney adds themselves to the creditors mailing list, they will receive by mail copies of notices that are sent out to all creditors.

Filing requirements

  • The Request for Notice must be signed by the filing party.
  • No order is required to be uploaded. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Request for Notice from the event list and click Next.

5. Browse to select the document to be filed (pdf file). Click Next.

6. Click Next.

7. Enter name and mailing address of party requesting notice into the large text box and click Next.

8. Verify the final docket text; if correct, click Next.

9. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Response to Notice of Final Cure Payment

Official Procedure Last Change December 1, 2019

Response to Notice of Final Cure Payment (limited users)

How to file: 

Location of event: Bankruptcy > Limited Users > Response to Notice of Final Cure Payment (Rule 3002.1)

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

This event is made available for use at the end of a Chapter 13 plan, as part of the process of determining whether or not a mortgage is current.

The trustee or debtor files a Notice of Final Cure Payment when they believe that a mortgage is current.

The mortgage holder is required to file a Response to Notice of Final Cure Payment within 21 days of service of the Notice, even if they do not dispute the Notice. If the Notice is disputed, a Motion for Determination of Final Cure and Payment can be filed by the debtor or trustee to request that the Court set a hearing in order to make a determination on the status of the mortgage.

The Notice of Final Cure Payment is added to the claims register as a claims supplement, not to the docket, and can be viewed only by accessing the claims register.

Filing Requirements

  • Official Form B4100R must be used.
  • An attachment must be included that contains the information required by S. D. Ind. 3002.1-3.
  • A copy of the Response must be served on the debtor, debtor's attorney and trustee.
  • The Response must:
    • state whether the claim holder agrees that the debtor has paid in full the amount required to cure the default on the claim,
    • state whether the debtor is otherwise current on all mortgage payments, and
    • itemize the required cure or postpetition amounts, if any, that the holder contends remain unpaid as of the date of the statement.
  • An appearance is not required.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Final Cure Payment (Rule 3002.1), Response to Notice of from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Click to select the claim to which the Response relates and click Next.

8. Select appropriate radio buttons to indicate whether you are agreeing or disagreeing, then click Next.

9. Verify the final docket text; if correct, click Next.

10. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Satisfaction of Claim

Official Procedure Last Change June 27, 2016

Satisfaction of Claim (Limited Users)

How to file:

Location of event: Bankruptcy > Limited Users > Satisfaction of Claim

 

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

A satisfaction of claim may be filed by a claimant to advise the court that the claim has now been paid in full. 

Filing Requirements

  • The document must be signed by the filing party.
  • The document must specify which claim has been satisfied, using the Court claim number (this can be located in ECF by going to Reports > Claims Register). 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Satisfaction of Claim from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Click to select the claim in the list that has been satisfied, and click Next.

8. Verify the final docket text; if correct, click Next.

9. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Transfer of Claim

Official Procedure Last Change September 9, 2013

Transfer of Claim (Limited Users)

How to file:

Location of event: Bankruptcy > Limited Users > Transfer of Claim

Things to be aware of when filing: The Transfer of Claim document may only be one page long. Any additional documents filed with the transfer must be uploaded separately by selecting the Yes radio button for Attachments to Documents.

  •  FRBP 3001(e)

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

  • If a claim has been transferred other than for security after the Proof of Claim has been filed, evidence of the transfer must be filed with the Court.
  • The Court will issue a notice to the transferor (the original holder of the claim) giving them opportunity to object to the transfer.

Filing Requirements

  • A Transfer of Claim filing fee is due for each transfer filed.
  • Transfer of Claim should be filed using Official Form B2100A. Do not include an objection notice or proposed order.
  • If you wish to include any other documents along with the transfer of claim, these must be added as a separate PDF using the Attachments option when uploading the transfer of claim PDF. The transfer of claim PDF must be a single page only.
  • Transfer of Claim must be signed by the filing party.
  • The document must specify which claim is being transferred, using the Court claim number (this can be located in CM/ECF by going to Reports > Claims Register).

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Transfer of Claim from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Filing fee amount is displayed. Click Next.

8. Consolidated cases only: The transfer of claim must be filed in the lead case, but the claim being transferred may have been filed in a member case.

  • If this is so, choose No and click Next, then enter the requested transfer information and click Next, then skip to step 15.
  • If the claim being transferred is in the lead case, choose Yes then click Next.

Cases with claims agents only: Enter the requested transfer information and click Next, then skip to step 15.

9. Click the Search Creditors button to locate the transferee (the party receiving the claim).

10. If the transferee is listed with the correct address: Click to select it then click Select.

If not listed, or listed with an incorrect address:
    a. Click Close
    b. Click Add New Creditor
    c. Type the name and address of the transferee into the text box then click Submit.

11. Click the Search Creditors button to locate the transferor (the party from whom the claim is being transferred).

12. Click to select the party who currently holds the claim (be sure to select the one with the correct address if there is more than one record for the creditor) then click Select.

13. If there is no claim associated with the record you selected, a list of all claims filed on the case is displayed. Select the claim that is being transferred.

14. If all the information displayed is correct, click Next. If a correction needs to be made, click Clear to start over.

15. Verify the final docket text; if correct, click Next.

16. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Withdraw Claim Notice with Certificate of Service

Official Procedure Last Change February 9, 2017

Withdraw Claim Notice with Certificate of Service (Limited Users)

How to file:

Location of event: Bankruptcy > Limited Users > Withdraw Claim Notice with Certificate of Service (FRBP 3006)

  •  FRBP 3006

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

This event is used when a Motion to Withdraw Claim has already been filed, but the 21-day Objection Notice was not included. This event allows the separate filing of the Objection Notice without the need to re-file the entire Motion.

Filing Requirements

  • The Notice must specify:
    • A 21 day objection period from the date the Notice was served
    • The address of the Clerk's office to which any objections must be sent
  • The Notice must be signed by the filing party.
  • A Certificate of Service must be included. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Withdraw Claim Notice with Certificate of Service (FRBP 3006) from the event list and click Next.

5. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Check the Motion to Withdraw Claim Pursuant to Fed.R.Bankr.P. 3006 to which the objection notice relates and click Next.

8. Objection due date is calculated and displayed. Click Next.

9. Verify the final docket text; if correct, click Next.

10. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Withdraw Document

Official Procedure Last Change May 31, 2018

Withdraw Document (Limited Users)

How to file:

Location of event: Bankruptcy > Limited Users > Withdraw Document

Things to be aware of when filing: The uploaded pdf should not be titled as a motion (i.e. Motion to Withdraw Document).

 

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

Filing Requirements

  • The Withdrawal must be signed by the filing party.
  • A Certificate of Service must accompany the Withdrawal if the document being withdrawn also required a Certificate of Service.
  • The uploaded pdf should not be titled as a motion (i.e. Motion to Withdraw Document), neither should a proposed order be uploaded. A court order is not required to withdraw a document. 

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Withdraw Document from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. All documents that you have previously filed on the case are displayed. Select the document you wish to withdraw and click Next.

8. Verify the final docket text; if correct, click Next.

9. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Withdrawal of Proof of Claim

Official Procedure Last Change April 22, 2019

Withdrawal of Proof of Claim (Limited Users)

How to file: 

Location of event: Bankruptcy > Limited Users > Withdrawal of Claim, Notice of

Things to be aware of when filing: A Motion to Withdraw Claim must be filed instead of a Notice of Withdrawal of Claim in certain circumstances.

 

This procedure is for limited users only. See separate procedure if you are an attorney filer.

General Information

A Motion to Withdraw Claim must be filed instead of a Notice of Withdrawal of Claim if any of the following are true:

  • An objection has been filed to the claim, or
  • a complaint has been filed against the creditor in an adversary proceeding, or
  • the creditor has accepted or rejected the plan or otherwise has participated significantly in the case, or
  • the claim was filed by the trustee or debtor on behalf of a creditor.

If none of the above apply, use the following instructions to withdraw a claim. If a Motion to Withdraw Claim is required, it must be mailed or delivered to the court - limited users cannot file motions to withdraw claim electronically.

To withdraw an amended claim where the original claim is still valid, contact the Court for instructions. (Use of the instructions below will withdraw the entire claim, not just the amended one.)

Filing Requirements

  • A Withdrawal of Claim must be signed by the filing party.
  • The document must specify which claim is being withdrawn, using the Court claim number (this can be located in CM/ECF by going to Reports > Claims Register). 

Step-by-Step Instructions

1. Log into CM/ECF.

If you do not have a login for CM/ECF, the easiest way to withdraw a Proof of Claim is to use the court's eWOC system (link is external), which allows any creditor to file a withdrawal of claim online. View instructions on withdrawing a claim using eWOC

If you have a CM/ECF login, the following instructions may be used instead.

2. Select Bankruptcy > Limited Users.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Withdrawal of Claim, Notice of from the event list and click Next.

5. Enter name of party filing the document and click Next.

6. Browse to select the document to be filed (pdf file). Click Next.

7. Click to select the claim(s) in the list that is/are being withdrawn then click Next.

8. Verify the final docket text; if correct, click Next.

9. Click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Mediation and Loss Mitigation

Affidavit Disclosing Mediator’s Connections

Official Procedure Last Change July 18, 2016

Affidavit Disclosing Mediator’s Connections

How to file: 

Location of event: Bankruptcy > Mediation & Loss Mitigation > Mediator's Connections, Affidavit Disclosing

Things to be aware of when filing: This event is only to be used for mediators who have been appointed pursuant to S. D. Ind. B-9019-2.

 

General Information

The mediator is required to file an Affidavit within 7 days of the filing of the Notice of Selection of Mediator or the entry of an order in which the mediator is designated. The affidavit must disclose any connections with the parties or counsel involved.

Filing Requirements

  • The Affidavit must be signed by the mediator.
  • The Affidavit must summarize the anticipated rate of compensation and terms of payment.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Mediator's Connections, Affidavit Disclosing from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Notice of Selection of Mediator to which the Affidavit relates and click Next.

9. Select prefix text, if applicable, and click Next.

10. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Interim Report on Loss Mitigation

Official Procedure Last Change April 18, 2017

Interim Report on Loss Mitigation

How to file:

Location of event: Bankruptcy > Mediation & Loss Mitigation > Loss Mitigation - Interim Report 

Things to be aware of when filing: This event is for use only in connection with the Loss Mitigation process.

 

 

These instructions are for attorneys only. See separate procedure for instructions for limited users.

General Information

This event is available for use by a debtor who has a pending Chapter 13 case and whose residence is at risk of loss, to obtain an agreed mortgage modification.

For instructions on the loss mitigation process, requirements and deadlines, consult General Order 16-0002View flowchart outlining the loss mitigation process

Filing Requirements

The document must be signed by the debtor/debtor's attorney or the mediator.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Loss Mitigation - Interim Report from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Order Granting Request for Loss Mitigation to which the Report relates and click Next.

9. Select prefix text, if applicable, and click Next.

10. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Mediation and Loss Mitigation - General Information

Official Procedure Last Change July 18, 2016

Mediation and Loss Mitigation - General Information

 

General Information

The following menu options are available in CM/ECF for filing Mediation and Alternative Dispute Resolution pleadings:

These events are all available by clicking Bankruptcy then Mediation & Loss Mitigation in CM/ECF.

For instructions on the mediation process, consult Local Rule B-9019-2.  View list of attorneys willing to serve as mediators in bankruptcy cases.

For instructions on the loss mitigation process, consult General Order 16-0002  View flowchart outlining the loss mitigation process

Motion to Approve Loss Mitigation Agreement

Official Procedure Last Change July 18, 2016

Motion to Approve Loss Mitigation Agreement

How to file: 

Location of event: Bankruptcy > Mediation & Loss Mitigation > Loss Mitigation Agreement, Motion to Approve

Things to be aware of when filing: This event is for use only in connection with the Loss Mitigation process.

 

General Information

Filing Requirements

  • The Motion must be signed by the filing party.
  • A Certificate of Service must accompany the Motion.
  • The Loss Mitigation Agreement must be attached to the Motion and signed by both the debtor/debtor's attorney and the lender.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Loss Mitigation Agreement, Motion to Approve from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

7. Browse to select the document to be filed (pdf file). Click Next.

8. Select the Report of Settlement to which the Motion relates and click Next.

9. Trustee's objection deadline is calculated and displayed. Click Next

10. Select prefix text, if applicable, and click Next.

11. Verify the final docket text; if correct, click Next to submit your document(s).

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

Motion to Approve Trial Modification Agreement

Official Procedure Last Change December 16, 2016

Motion to Approve Trial Modification Agreement

How to file: 

Location of event: Bankruptcy > Mediation & Loss Mitigation > Trial Modification Agreement, Motion to Approve

Things to be aware of when filing: This event is for use only in connection with the Loss Mitigation process.

 

General Information

Filing Requirements

  • The Motion must be signed by the filing party.
  • A Certificate of Service must accompany the Motion.
  • The Trial Modification Agreement must be attached to the Motion and signed by both the debtor/debtor's attorney and the lender, or the terms of which be included in the Motion.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Mediation & Loss Mitigation

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Trial Modification Agreement, Motion to Approve from the event list and click Next.

5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.

6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.